government of maharashtra - e tenders officer from p.w.d/irrigation department of govt. of...

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Contractor No of correction Executive Engineer

T. N. NO.1/1869/ TC/ 17-18/DT. 06.04.2011 Sr. No.1

Govt. of Maharashtra

PUBLIC WORKS DEPARTMENT

B-1 FORM (Percentage Rate) TENDER DOCUMENTS

NAME OF WORK

Outsourcing of Main Building,Annex & VIP Circuit House with Circuit Premises

Amravati Rs.65,72,440/-

NAME OF CONTRACTOR

AGREEMENT NO. B1/ /DL/17-18

EXECUTIVE ENGINEER

Public Works Division Amravati

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GOVERNM1ENT OF MAHARASHTRA


Original Agreement No. B-1

GENERAL INFORMATION OF CONTRACT

1) Name of Work Outsourcing of Main Building,Annex & VIP Circuit House with

Circuit Premises Amravati Rs.65,72,440/-

2) Name of Contractor : M/s./Shri _____________________________

___________________________________

3) Date of Tender : ________________

4) Amount of Contract : Rs.65,72,440/- 5) No. & Date of work Order : _______________________________________

6) Date of Commencement : _______________________________________

7) Time stipulated for : Ten (10) Calendar Months

completion as per Agreement

8) Date of completion as per : _______________________________________

Agreement.

9) Actual Date of Completion : _______________________________________

10) Reference to Sanction of : 1) _________________________________

Extension of Time limit.

2) _________________________________

3) _________________________________

Certified that this Original Agreement contains pages from 1 to

Fly Leaves _________ Nos. and Drawings ______________ Nos.

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DETAILS OF WORK

Name of Work: Outsourcing of Main Building,Annex & VIP Circuit House with

Circuit Premises Amravati Rs.65,72,440/- Blank tender forms Fee Tender form, conditions of contract, specifications and contract drawings can be

downloaded from the “ On Line pay to PWD” portal of Public Works Department, Government of Maharashtra

i.e. www.mahapwd.com .in after entering the details, payment of Rs. 5000/- (Rupees Five Thousand only)

should be paid online using E-payment gateway. The fees of tender document will be non refundable. Further information regarding the work can be obtained from the above office.

Estimated cost put to tender :- Rs.65,72,440/-

Earnest Money @ 1 percent :- Rs.66,000/-

subject to minimum of Rs.

Term Deposit Receipt of Schedule Bank / State Bank Challan should be attached

with the tender at the time of submission.

Total Security Deposit @ 4% : Rs. 2,63,000/-

(50 % in form of FDR at the time of Agreement and 50 % from R.A. Bills)

Time stipulated for completion : Ten (10) Calendar Months which will include the monsoon

period, if any.

TO BE FILLED BY THE CONTRACTOR.

I/We have quoted my/our offer in percentage rate in words as well as in figures

specifying below/above. I/We further undertake to enter into Contract in regular ‘B-1’ form

in Public Works Department.

Scope of Work

Name of Work : Outsourcing of Main Building,Annex & VIP Circuit House with


1.

2. 3.

http://www.mahapwd.com/

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Check List of documents to be submitted with the tender and the general information

to the Contractor for Submission of tender.

The following documents should be submitted in (Envelope No.1) duly attested by the

Gazetted officer from P.W.D/Irrigation Department of Govt. of Maharashtra in service on the

date fixed for the receipt of tender with the forwarding (Covering) letter along with list of all

documents/forms/ statement.

Sr.

No

¤ Brief details of documents required to be attached. Whether

enclosed or not

1. Scanned Copy from the Original copy of

1)PAN Card,

2)Shop Act Certificate

3)Service Tax Registration Certificate

-

2. Scanned copy from original copy of Registration

documents of firm, proprietorship firm/Partnership

Firm/Pvt. Limited Company or any other company as the

case may be.

-

3 Scanned copy from original copy of Certificate/Registration

1)Food and Drugs Administration (FDA)

2)Certificate Maharashtra Value Added Tax Certificate

( VAT).or GST Registration.

-

4 Scanned copy from original copy of

1)Professional Tax Certificate ,

2) Employee State insurance corporation ( ESIC ) ,

3) Employee Provident Fund ( EPF ) ,

4)Maharashtra Labour Welfare Board ( MLWB).

-

5 Scanned copy of original Experience Certificate of

providing House Keeping and catering Services from

Govt.Organization./semi Govt.Organization

-

6 Scanned copy from original of income Tax Return of Last

Three Years i.e.2013-14,2014-15 & 2015-16 -

7 Scanned copy from Original of solvency certificate @ 20 %

of Estimated cost from a Nationalised Bank or Scheduled

bank.

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DETAILS OF WORKS

:

Sr

.

N

o

Name of work Estimated

amount

put

to tender

In Rs.

Earnest

money

1 %

subject

to

minimu

m Rs. ---

-----

Security

Deposit

4%(2% at the

time of

acceptance of

tender & 2%

from current

bills)

Cost of

form

(Non

refundable

)

Stipulate

Period

for

completi

on

Date

of Pre

bid

and

venue

Last

date,

of

issue

tende

r

form

Last date

and time

& place of

receipt of

Tender

Class of

Contractor.

1 2 3 4 5 6 7 8 9 10 11

1 Outsourcing of

Main Building,

Annex & VIP

Circuit House

with Circuit

Premises

Amravati

Rs.65,72,440/-

Rs.

65,7

2,4

40/-

Rs.

66

,00

0/-

at the time of

acceptance

1)

Rs1,31,500/-

from Running

bill

(2) Rs.

1,31,500/-

Total :-

Rs.263000/-

Rs. 5000/-

10

Calenda

r

Months

NIL

As

per

Tend

er

Notic

e

As per

Tender

Notice

interested

parties /

Registered

Firms /

Registered

Companies

/Agencies/Prop

rietary

Firm/Partnershi

p Firms

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GOVERNMENT OF MAHARASHTRA


DETAILED TENDER NOTICE FOR CONTRACTOR

1) Sealed tenders in “B-1” ( Percentage rate) form are invited from the registered

Interested Parties / Registered Firms / Registered Companies / Agencies / Proprietary

Firm / Partnership Firms with the Government of Maharashtra, for the work of

“Outsourcing of Main Building,Annex & VIP Circuit House with


upto 15.00 hours on Dt. by the Executive Engineer, Public Works Division

Amravati

2) SITUATION OF THE WORK :- Circuit House Amravati

3) The estimated cost of work is Rs. 65,72,440/- 4) Time limit for completion of the work is Ten (10) Calendar Months from the date of

work order including monsoon period, if any.

5) ISSUE OF TENDER FORMS :-

Blank tender forms Fee Tender form, conditions of contract, specifications and contract

drawings can be downloaded from the “ On Line pay to PWD” portal of Public Works

Department, Government of Maharashtra i.e. www.mahapwd.com .in after entering the

details, payment of Rs. 5000/- (Rupees Five Thousand only) should be paid online using

E-payment gateway. The fees of tender document will be non refundable. Further

information regarding the work can be obtained from the above office.

6) Pre-Tender Conference :

Pre-Bid Date and Venue:- Prebid will be held on _____________ at 15.00 hrs. in the

office of the Superintending Engineer, Public Works Circle, Amravati.

7) VALIDITY :-

Validity of the tender will be 90 days from the date of opening of the tender and there

after until it is withdrawn by notice in writing duly addressed to the authority opening

the tender by contractor. Such withdrawal after 90 days shall be effective from the

date of receipt of notice by the Executive Engineer, Public Works Division

Amravati

8) EARNEST MONEY :-

i) Earnest Money of minimum Rs. 66,000/- to be paid online from the bidders account

only.

ii)The amount will be refunded to the unsuccessful tenderers on deciding about

the acceptance or otherwise of the tender. In case of a successful tenderer, it will be

refunded on paying the initial Security Deposit and completing the tender

documents in Form “B-1”.

9) SECURITY DEPOSIT :-

9.1) The successful tenderer whose tender is accepted will have to pay Rs263000/-

towards the Security Deposit. Rs. 131500/- is to be deposited in bank guarantee of

scheduled bank, F.D.R. of the scheduled bank in the name of the Executive Engineer,

Public Works Division Amravati towards the initial Security Deposit, within the

time limit prescribed in clause-1 of B-1 form agreement, failing which his earnest

money will be forfeited to Government. In addition to it, an amount of Rs.131500/-

http://www.mahapwd.com/

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will be deducted from the Running Bills at 2% of the gross bill towards balance

security deposit, This is a compulsory deduction.

9.2) PERFORMANCE SECURITY ;-

As per the directives laid down in Government Of Maharashtra, Public

Works Department, Marathi Resolution No. BDG-2016/C.R.2/Blgg-2/dt.

12.02.2016, If the tenderer intends to quote his offer below the estimated cost of

the department then such tenderer should have to submit the Performance Security

in Envelope No. 2 only as mentioned below. Tenderer should not upload this

Performance Security D.D.in Envelope No.1 , if uoloaded will be liable for

rejection.

A) If the tenderer intends to quote his offer below upto 10 % of the estimated

cost put to tender then he should submit a Demand Draft amounting to 1% of

the estimated cost of the department towards Performance Security and

scanned copy of Demand Draft shall be uploaded in Envelope No. 2.

B) If the tenderer intends to quote his offer more than 10 % below the estimated

cost put to tender then he should submit Performance security 1 % for every

percent after 10 % below percentage in addition to the cost of 1%

performance security mentioned above clause A for quoting below offer,

scanned copy of Demand Draft shall be uploaded in Envelope No. 2.

(eg. If tenderer quotes his offer 14 % below the estimated cost put to

tender, then he should submit 14 - 10 = 4 % Additional Performance security

+ 1% Performance security = 5 % amount of the cost put to tender as a total

Performance Security.)

If the amount of Performance Security as required above (under A &

B) is not submitted by the contractor along with Envelope No. 2, then his offer

will be treated as ''Non Responsive" and will not be considered.

1) Such Demand Draft shall strictly issued only by the Nationalized Bank or

Scheduled Bank in favour of in the Executive Engineer Public Works

Division, Amravati and shall be valid for the minimum period of three

months after the date of submission of this tender.

2) The Demand Draft should bear the MICR and IFSC Code Number of the

issuing bank.

3) The scanned copy of this Demand Draft shall be uploaded in Envelope No.

2 (Financial Offer) of the tender. The Hard Copy of this Demand Draft

shall be submitted in the office of the concerned Executive Engineer in

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"sealed envelope" within five working days from the date of receipt of

tender. The tenderer shall write the 'Name of Work,' 'E- Tender No.' and

'Tender Notice No.' on such sealed envelope addressed to the concerned

Executive Engineer.

4) If such contractor will not comply the stipulations laid down in the tender

and not qualified for the opening of his financial offer (Envelope No.2) the

the Demand Draft of such tenderer shall be returned within 7 days after the

date of opening of the tender.

5) If the tenderer comply the stipulations laid down in the tender and

qualified for the opening of his financial offer (Envelope No.2) then the

Demand Drafts of the other tenderers (other than 1st and 2nd lowest

tenderer) shall be returned within 7 days after the date of opening of the

tender.

6) The demand draft of the 2nd lowest tenderer shall be returned within 3

days from the date of work order.

7) If it is found that the Demand Draft as above submitted by the tenderer is

False / Forged then the Earnest Money submitted by such tenderer shall be

forfeited and his registration as a contractor of Public Works Department

will be suspended for the period of One year. For this concerned

Superintending Engineer shall have the full rights.

8) The work order to the successful contractor shall be issued only after the

encashment of his Demand Draft by the concerned Executive Engineer.

9) The amount of performance security of successful contractor shall be

refunded within the period of three months after the date of completion of

said work successfully.

11) TENDER PROCEDURE :-

A) Blank Tender Forms :

Blank Tender Forms can be purchased online as stipulated in the Tender Schedule

B) Pre-Tender Conference :

i) As per Sr.No.6.

ii)The prospective tenderers are free to ask for any additional information or

clarification either in writing or orally and the reply to the same will be given by the

Superintending Engineer, P.W.Circle, Amravati in writing and this clarification

referred to as common set of conditions, shall form part of tender documents and

which will also be common and applicable to all tenderers.

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iii)The tender submitted by the tenderer shall be based on clarification, additional

facility issued (if any) by the Department, and this tender shall be unconditional.

Conditional tenders will be summarily REJECTED.

iv)All tenderers are cautioned that the tenders containing any deviation, from

the contractual terms and conditions, specifications or other requirements, and

conditional tenders will be rejected as non- responsive.

C) Manner of submission of tender and its accompaniments :

Tender to be submitted in two separate sealed envelopes.

a) Envelope No.1 :(Technical)

The first envelope “Envelope No. 1” shall contain the following documents.

(i) Scanned Copy from the Original copy of

1)PAN Card,

2)Shop Act Certificate

3)Service Tax Registration Certificate.

(ii) Scanned copy from original copy of Registration documents of firm, proprietorship

firm/Partnership Firm/Pvt. Limited Company or any other company as the case

may be..

(iii) Scanned copy from original copy of

1)Food and Drugs Administration (FDA)

2)Certificate Maharashtra Value Added Tax Certificate ( VAT).

(iv) Scanned copy from original copy of Registration / Certificate

1)Professional Tax Certificate ,

2) Employee State insurance corporation ( ESIC ) ,

3) Employee Provident Fund ( EPF ) ,

4)Maharashtra Labour Welfare Board ( MLWB).

(v) Scanned copy of original Experience Certificate of providing House Keeping and

catering Services Govt.Organization./ semi Govt.Organization.

(vi) Scanned copy from original of income Tax Return of Last Three Years i.e.2013-

14,2014-15 & 2015-16.

(vii) Scanned copy from Original of solvency certificate @ 20 % of Estimated cost

from a Nationalised Bank or Scheduled bank.

D) Envelope No. 2: Financial Bid The Intending Tenderer must quote his offer in form of percentage of estimated rate

only at the appropriate place provided online.

E) Opening of tenders :-

On the date specified in Tender Notice following procedure will be adopted for

opening of the tender:

Envelope No. 1

First of all, Envelope No. 1 of the tenderer will be opened to verify the documents as

per requirements. If the various documents contained in this envelope do not meet the

requirements of the Department, a note will be recorded accordingly by the tender

opening authority and the said tenderer’s envelope No. 2 will not be opened.

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Envelope No. 2

The Envelope shall be opened if contents of Envelope No. 1 are found to be

acceptable to the Department. The tendered rates in percentage above/below the

estimated rates shall then be read out.

12) Important Points to be noted by the Tenderer :

(A) (i) On receipt of blank tender form the tenderer should ensure that no

correction or over writings or erasers is left out to be attested by the

Executive Engineer.

ii) The offer in percentage should be written both in words and in figures in

the tender form. In case of deviation, the lowest percentage either in

words or figures will be considered.

iii) No alternations and additions in the form of tender and in the schedules

and no additions in form of special stipulations are permitted. If any of

these is found, the tender may be summarily rejected.

iv) The offer shall be inclusive of all prevailing taxes octroi, Royalty

charges etc. to be paid

by the tenderer for the work and the claims for payment on any such

account shall not be entertained.

v) In the event of the tender being submitted by a firm, it must be signed

separately by each partner thereof, and in the event of absence of any

partner, it shall be signed on his behalf by a person holding a power of

attorney authorising him to do so.

vi) All the pages correction/additions and pasted slips should be signed by

the tenderer.

vii) The tenderer shall be deemed to have studied all plans/specifications

/terms/conditions of the tender and made himself /themselves

acquainted with the site conditions and availability of labour, basic

materials, water, electricity etc. before submitting the tender. A

Declaration to this effect shall be signed by the tenderer in the form

attached with the tender.

viii) The Contractor’s offer shall include all Insurance Policies as stated in

Additional Tender condition at Sr No 12 (A) on Page No ___ of tender

Document. No claim on this account will be entertained.

B) In case any clarification is required, the tenderer may obtain it personally or in

writing well in advance from the Executive Engineer. In any case, the tenderer

will be responsible to bind himself/themselves to the terms and conditions and

specifications of the tender once submitted by him/them.

C) The tender is liable for outright rejection if on opening, it is found that

i) Any one or more of the mandatory documents required as per para 11

is or are missing.

ii) Any corrections, additions or alterations are made by the tenderer on

any page of the tender.

iii) Any pages or pasted slips is or are missing.

iv) The tenderer has not signed at required places.

13) Amendment of Bidding Documents

13.1. Before the deadline for submission of tender, the Employer may modify the tender

documents by issuing addenda / corrigendum

13.2. Any addendum / corrigendum thus issued shall be part of the tender documents and

shall be communicated in writing or by cable to all the purchasers of the tender

documents. Prospective tenderers shall acknowledge receipt of each addendum /

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corrigendum in writing or by cable to the Employer. The Employer will assume no

responsibility for postal delays.

13.3 To give prospective tenderers reasonable time in which to take an addendum into

account in preparing their bids, the Employer may, at his discretion, extend as

necessary the deadline for submission of tender.

14) Acceptance of the tender rests with the competent authority who reserves the right to

reject any or all tenders without assigning any reasons thereof.

15) This detailed tender notice shall form part of tender documents.

16) The Income Tax including surcharge @2.00% or percentage in force from time to time

or at the rate as intimated by the competent Income Tax authority shall be deducted

from the contractor from the gross bill amount of every bill, whether for measured

work or advance payment and/or secured advance.

17) The successful tenderer will be required to produce to the satisfaction of the specified

concerned authority valid and current licence issued in his favour under the provisions

of Contract Labour (Regulation and Abolition) Act 1970 before starting the work. On

failure to do so the acceptance of the tender shall be liable to be withdrawn and also

liable for forfeiture of the earnest money.

18) Any dues arising out of contract will be recovered from the contractor as arrears of

Land Revenue if not paid amicably. Moreover, recovery of Government dues from the

contractors will be effected from the payment due to the Contractor from any other

Government works under execution with them.

19) Value Added Tax deduction 2% from the registered contractors under the MVAT Act

2005 and 4% from the unregistered contractors under MVAT Act, 2005 shall be

recovered from the contractors from the gross bill amount of every bill, whether for

measured works or advance payment or secured advance.

20) The use of specialized machineries for carrying out the asphalting items of works such

as Automatic Computer controlled Drum Mix plant of 40 to 60 MT/ Hour as per clause

501.1 & clause 501.3 confirming of the MORT & H specifications (2001-IV th

Revision),Electronic sensor paver, paver finisher, self propelled mechanical pressure

sprayer / mechanical pressure sprayer etc.is obligatory.

The location of the drum mix plant shall be such that the quality and temperature shall

be maintened as per M.O.R.T. & H. specification at the time of laying of bituminous

hot mix.It shall be located within 60 KM from farthest point of work.

The contractor shall also make necessary suitable arrangement for maintaining the

quality and temperature of bituminous mix by covering hot mix with thick tarpoline

during conveying or thermocol coating to conveying vehicle or any other suitable

arrengment, so that quality and temperature will be maintained as specified at the time

of laying bituminous hot mix.

The Vibratory Roller/ Static Roller shall be used for the compaction as per the

description of the respective items.

21) As per the Govt.Resolution No. BCA 2009/CR108/Labour 7A Mantralalya Mubai

dated 17/06/2010, the workers welfare cess @ 1% will be deducted from the gross

bill amount of every bill either for measured work for advance payment and/or

secured advance.

22) All disputes arising out of or in any way connected with this agreement shall be

deemed to have arisen @ head quarter of Executive Engineer, Public Works Division

Amravati

and only the Court @ Head Quarter of Executive Engineer Public Works Division

Amravati shall have jurisdiction to try and adjudication over them.

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FORM B-1


Public Works Circle, Amravati


PERCENTAGE RATE TENDER AND CONTRACT FOR WORK.

General Rules And Directions For The Guidance Of Contractors.

1) All work proposed to be executed by contract shall be notified in a form of invitation

to tender pasted on a board hung up in the office of the Executive Engineer and signed

by the Executive Engineer, Public Works Division Amravati

The form will state the work to be carried out as well as the date for submitting and

opening tenders and the time allowed for carrying out the work, also the amount of

earnest money to be deposited with the tender, and the amount of security deposit to be

deposited by the successful tenderer and the percentage, if any, to be deducted from

bills. Copies of the specifications, designs and drawings and estimated rates, scheduled

rates and any other documents required in connection with the work which will be

signed by the Executive Engineer for the purpose of identification shall also be opened

for inspection by contractors in the office of the Executive Engineer during office

hours.

2) In the event of the tender being submitted by a firm, it must be signed separately by each

partner thereof, and in the event of the absence of any partner it shall be signed on his behalf by a person

holding a power of attorney authorising him to do so.

2 (A) (i) The Contractor shall pay alongwith the Tender the sum of Rs.66,000/- as and

by way of earnest money. The contractor may pay the said amount by online

only.

ii) In the event of his tender being accepted, subject to the provision of sub

clause (iii) below, the said amount of earnest money shall be

appropriated/adjusted towards the amount of security deposit payable by him

under condition of General Conditions of Contract.

iii) If after submitting the tender, the contractor withdraws his offer or modifies

the same or if after the acceptance of his Tender, the Contractor fails or

neglects to furnish the balance of security deposit, without prejudice to any

other rights and powers of the Government hereunder, or in law, Government

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shall be entitled to forfeit the full amount of the earnest money deposited by

him.

iv) In the event of his Tender not being accepted, the amount of earnest

money deposited by the contractor shall, unless, it is prior there to forfeited

under the provisions of sub-clause (iii) above, be refunded to him on his

passing receipt therefore.

3) Receipt for payments made on account of any work, when executed by a firm

should also be signed by all the partners, except where the contractors are described in

their tender as a firm, in which case the receipts shall be signed in the name of the firm

by one of the partners, or by some other person having authority to give effectual

receipts for the firm.

4) Any person who submits a tender shall fill up the usual printed form including

the column total according to the estimated quantities stating at what rate he is willing

to undertake each item of the work. Tenders which propose any alteration in the work

specified in the said form of invitation to tender, or in the time allowed for carrying out

the work, or which contain any other conditions of any sort, will be liable to rejection.

No single tender shall include more than one work, but contractors who wish to tender

for two or more works shall submit a separate tender for each. Tenders shall have the

name and the number of work to which they refer written outside the envelope.

5) The Executive Engineer, Public Works Division Amravati will open tenders in

the presence of any intending contractors who may be present at the time and will

enter the amount of the several tenders in a comparative statement in a suitable

form. In the event of a tender being accepted, the contractor shall thereupon, for the

purpose of identification, sign copies of the specifications and other documents

mentioned in Rule-1. In the event of a tender being rejected, the Divisional Officer

shall authorise the Treasury Officer/Bank concerned to refund the amount of earnest

money deposited to the contract or making the tender, on his giving a receipt for the

return of the money.

6) The Officer competent to dispose of the tenders shall have the right of rejecting all or

any of the tenders.

7) No receipt for any payment alleged to have been made by a contractor in regard

to any matter relating to this tender or the contract shall be valid and binding on

Government unless it is signed by the Executive Engineer.

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8) The memorandum of the work to be tendered for and the schedule of materials to

be supplied by the Public Works Department and their rates shall be filled in and

completed by the office of the Executive Engineer before the tender form is issued. If

a form issued to an intending tenderer has not been so filled in and completed, he shall

request the said officer to have done this before he completes and delivers his tender.

9) All work shall be measured net by standard measure and according to the rules

and customs of the Public Works Department without reference to any local custom.

10) Under no circumstances shall any contractor be entitled to claim enhanced rates for

any items in this contract.

11) All corrections and additions or pasted slips should be initialled.

12) The measurement of work will be taken according to the usual method in use

in the Public Works Department and no proposal to adopt alternative methods will be

accepted. The Executive Engineer’s decision as to what is “the usual method in use in

the Public Works Department” will be final.

a) The contractor shall give a list of machinery in their possession and which they

propose to use on the work.

b)The contractor will have to construct shed for storing materials procured by him at

his own cost at the work site having double locking arrangement. The materials will be

taken to use in the presence of the department person. No materials will be allowed to

be removed from the site of the work.

13) The tenders will be liable to be rejected, if while submitting it, the tenderer or in the

case of a firm each partner thereof does not sign or the signature/signatures is/are not

attested by a witness in the space provided for the purpose.

a) If Government machinery is available and the contractor desired to have it for

work on the project it may be hired to him subject of the rules and hire charges

that may be laid down by the Government from time to time during the

currency of tender.

b) No Security deposit will be taken from the Contractor, so long as the

machinery is worked by the departmental staff and under the entire control of

department and is not handed over to the contractor at all for operation by his

crew and staff and the charges for the use of machinery are levied on hour basis

and as per prevailing schedule of rate for hire charges.

c) The machinery should be worked only where the departmental staff is

confident to use it safely and never in difficult situation and dangerous spots.

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d) The recovery of plant hour charges will be immediately made through the next

R.A. Bills.

14) The tendering Contractor shall furnish a declaration along with the tender

showing all works for which he has already entered into contract, and the

value of the work that remains to be executed in each case on the date of

submitting the tender.

15) Every tenderer shall submit alongwith the tender information regarding the Income

Tax circle, or ward of the district in which he is assessed to Income-Tax, the reference

to number of the assessment and the assessment year.

16) In view of the difficult position regarding the availability of foreign exchange,

no foreign exchange would be released by the department for the purchase of plant and

machinery required for the execution of the work contracted for.

17) The contractor will have to construct shed for storing controlled and valuable materials

required for the work, the materials will then be taken for use in the presence of the

departmental person. No materials also will be allowed to be removed from the site of

works.

18) The tendering contractor should furnish a detailed statement of works in hand

showing the costs of works in hand and the works completed against each with

certificate from head of the office concerned.

(19) Joint Venture:-

19.1) In case of Joint venture the copy of registered partnership deed and certificate

of Registration from Assistant Registrar of firms as Joint Venture shall be produced at

the time of purchasing of tender form and also in envelope No.1.

19.2) Two or more contractors of any class may combine and tender for a work

costing to the amounts upto which each individual contractor or the higher of two

limits, if they are of different categories are empowered to tender as per the original

registration provided.

(i) The combination is of the contractor as a whole and not individual partners

and.

(ii) They draw a registered partnership deed and submit a copy thereof to the

authority at the time of purchase of the tender forms.

19.3) Whenever the advantage of such combination of two or more contractors is to

be taken for quoting for this work where in only the individual contractor of higher

category is eligible to quote, it should be ensured that the registered partnership deed

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should be irrevocable till the completion of this work for which they have combined

and till all the liabilities there of are liquidated and the share of the contractor of the

higher category should not be less than 50%. Further, the percentage share of the

contractor of the lower category in such a partnership/combination, should not be more

than his limit of eligibility to quote for works divided by the estimated cost of work put

to tender (i.e. when such a percentage is applied to the cost of the work, his share of

cost should not exceed his own eligibility limit of tendering for works.)

(19.4) Grouping of plants and machineries owned by individual Contractors executing

joint Venture will be considered.

-17-


TENDER FOR WORKS.

I/We hereby tender for the execution, for the Governor of Maharashtra

(herein before and hereinafter referred to as “Government”) of the work

specified in the under written memorandum within the time specified in such

memorandum at *( ONLINE )* in figure as well as in

words_______________________________________________

Percent below/above the estimated rates entered in Schedule ‘B’ (Memorandum

showing items of work to be carried out) and in accordance in all respects with

the specifications, designs, drawings and instructions in writing referred to in

Rule 1 hereof and in Clause 13 of the annexed conditions of contract. And agree

that when materials for the work are provided by Government such materials

and rates to be paid for them shall be as provided in Schedule ‘A’ hereto.

Contractor’s Signature and seal of contractor

-18-


MEMORANDUM

a) If several sub-works are included : General Description :

they should be detailed in a separate list

Outsourcing of Main Building,Annex & VIP Circuit House with


b) Estimated Cost. : Rs.65,72,440/-

c) The amount of earnest money to be : Earnest Money Rs. 66,000/-

deposited shall be in accordance with ½ Percent subject to

the provisions of paras 206 and 207 minimum of Rs.

of the M.P.W. Manual.

d) This deposits shall be in accordance : Security Deposit 4% Rs. 263000/-

with paras 213 and 214 of the M.P.W. i) Cash (not less than the amount of

Manual earnest money) Rs.131500/-

ii) To be deducted

from running bills Rs.131500/-

-----------------------

Total Rs. 263000/-

==============

e) This percentage where no security : Percentage, if any, to be deducted from

deposit is taken will vary from 5% bills so as to make up the total amount

to 10% according to the requirement required as Security deposit by time, half

of the case. Where security deposit the work as measured by the cost, is done,

is taken as note to Clause 1 of ( 4 %) Four percent.

conditions of contract.

f) Give schedule where necess- : f) Time allowed for the work, from date of

-ary dates by which various written order,to complete Ten (10) Months

items are to be completed. including Mansoon.

Should this tender be accepted I/We hereby agree that this offer shall remain open for

acceptance for a minimum period of 90/120 days from the day fixed for opening the same and

thereafter until it is withdrawn by me/us by notice in writing duly addressed to the authority

opening the tenders and sent by registered post A.D. or otherwise delivered at the office of

such authority. The amount of earnest money shall be paid online in the name of Executive Engineer,

Public Works Division Amravati a sum of Rs. 66,000/- representing the earnest money

is herewith forwarded. The amount of earnest money shall not bear interest and shall be liable

to be forfeited to the Government. Should I/We fail to (1) abide by the stipulation to keep the

offer open for the period mentioned above or (2) sign and complete the contract documents

required by the Engineer and furnish the security deposit it as specific in term (d) of

memorandum contained in paragraph I above within the time limit laid down in clause (i) of

the annexed general conditions of the contract. The amount of earnest money may be adjusted

towards the security deposit or refunded to me/us if so desired by me/us in writing unless the

same or any part thereof has been forfeited as aforesaid

I/We have secured exemption from payment of earnest money after executing the

necessary bond in favour of the Government a true copy of which is enclosed herewith, should

-19-


any occasion for forfeiture of earnest money for this work arise due to failure on my/our

part to (1) abide by the stipulation to keep the offer open for the period mentioned above - or

(2) sign and complete the contract documents and furnish the security deposit as specified in

item (d) of the memorandum contained in paragraph I above within the time limit laid down

in clause (1) of the annexed General conditions of the contract, the amount payable by me/us

may, at the option of the Engineer, be recovered out of the amount deposited in lump sum for

securing exemption in so far as the same may extend in terms of the said bond and in the event

of the deficiency out of any other money which are due or payable to me/us by the

Government under any other contract or transaction of any nature whatsoever or otherwise.

Should this tender be accepted I/We hereby agree to abide by and fulfill all the terms

and provision of the conditions of contract annexed hereto so far as applicable and in default

to forfeit and pay to government the sum of money mentioned in the said condition. Receipt

No. __________ dated ____________ from the Government Treasury at in respect of sum of

Rs. ___________/- forwarded representing the earnest money (a) the full value of which is to

be absolutely forfeited to Government should I/we not deposit the fully amount of security

specified in the above memorandum in accordance with Clause 1 (A) of the said conditions of

the contract, otherwise the said sum of Rs. _________/- shall be refunded.

Contractor + Signature of Contractor

(Address) before submission of Tender.

Dated the day of 20

(Witness)

+ Signature of Witness to Contractors Signature.

(Address)

(Occupation)

Signature of the Officers

by whom accepted.

The above tender is hereby accepted by me on behalf of Governor of Maharashtra.

Executive Engineer,


Distt. Amravati

Dated the______________day of__________2015

-20-


CONDITIONS OF CONTRACT

Security Deposits Clause 1 :-The person/persons whose tender may be accepted

(herein after called the contractor, which expression shall unless

excluded by or repugnant to the context include his, heirs,

executors, administrators, contractor and assigns) shall (A) within

10 days (which may be extended by the Superintending Engineer

concerned, upto 15 days if the Superintending Engineer thinks fit

to do so) of the receipt by him of the notification of the acceptance

of his tender deposit with the Executive Engineer in cash or Govt.

securities endorsed to the Executive Engineer (if deposited for more

than 12 months) of sum sufficient which will made up the full

security deposit specified in the tender or (B) (Permit Government

at the time of making any payment to him for work done under the

contract to deduct such as will amount *+ four percent of all

moneys so payable such deduction to be held by Government by

way of security deposit) provided always that in the event of the

contractor depositing a lump sum by way of security deposit as

contemplated at (A) above, then and in such case, if the sum so

deposited shall not amount to Four percent, of the total estimated

cost of the work, it shall be lawful for Government at the time of

making any payment to the contractor for work done under the

contract to make up the full amount of two percent by deducting a

sufficient sum from every such payment as last aforesaid until the

full amount of the security deposit is made up. All compensation or

other sum of money payable by the contractor to Government under

the terms of his Contract may be deducted from or paid by the sale

of sufficient part of his security deposit or from the interest arising

there from or from any sums which may be due or may become due

by Government to the Contractor under any other contract or

transaction of any nature on any account whatsoever, and in the

event of his security deposit being reduced by reason of any such

deduction or sale as aforesaid, the contractor shall, within ten days

thereafter, make good in cash or Government securities endorsed

as aforesaid any sum or sums which may have been deducted from

or raised by sale of his security deposits or any part thereof.

The Security Deposit referred to when paid in cash may, at the cost

of depositor, be converted into interest bearing securities provided

that the depositor has expressly desired this in writing.

If the amount of the Security Deposit to be paid in lump

sum within the period specified at (A) above is not paid, the

Tender/Contract already accepted shall be considered as

cancelled and legal step will be taken against the contractor

for recovery of the amounts. The amount of the Security

Deposit lodged by a contractor shall be refunded alongwith the

Payment of the final bill, if the date upto which the contractor

has agreed to maintain the work in good order is over. If such date

is not over, only 50% amount of security deposit shall be refunded

alongwith the payment of the final bill. The amount of security

deposit retained by the Government shall be released after expiry of

period upto which the contractor has agreed to maintain the work in

good order is over. In the event of the contractor failing or

-21-


neglecting to complete rectification work within the period upto

order, then, subject to provisions of clauses 17 and 20 hereof the

amount of Security Deposit retained by Government shall be

adjusted towards the excess cost incurred by the department on

rectification work *+ This will be the same percentage as that in the

tender act (e).

Compensation of delay.

Clause 2 :- The time allowed for carrying out the work

as entered in the tender shall be strictly observed by the

contractor and shall be reckoned from the date on which the order

to commence work is given to the contractor. The work shall

throughout the stipulated period of the contract be proceeded with,

all due deligence (time being deemed to be of the contractor) and

the contractor shall pay as compensation an amount as the

Superintending Engineer (whose decision in writing shall be final)

may decide, of the amount of the estimated cost of the whole work

as shown by the tender for every day that work remains

uncommenced, or unfinished, after the proper dated. And further

to ensure good progress during the execution of the works, the

contractor shall be bound in all cases, in which the time allowed for

any work exceeds one months to complete.

+ 1/5 of work in 1/4 of the time limit

2/5 of work in 1/2 of the time limit

3/4 of work in 3/4 of time limit

Full work [Ten] month] in full time limit

+Note :- The quality of work to be done within a particular time to

be specified above shall be fixed by the officer competent to accept

the contracts after taking into consideration the circumstances of

each case and inserted in the blank space kept for the purpose and

abide by the programme of detailed progress laid down by the

Executive Engineer.

The following proportion will usually be found suitable :-

In 1/3, 2/3 of the time

1/4, 3/4 of total value of the

work to be done in 1/4, 1/2,

3/4 of the time

Reasonable progress of earth work:

3/10, 4/10, 9/10 of total

value of the work to be

done.

Reasonable progress of masonry work:

-22-


In the event of the contractor failing to comply with these

conditions he shall be liable to pay as compensation an amount

equal to one percent, or such smaller amounts as the Superintending

Engineer (whose decision in writing shall be final) may decide of

the said estimated cost of the whole work for every day that the due

quantity of work remains incomplete. Provided always that the

total amount of compensation to be paid under provision of this

clause shall not exceed 10 percent of the estimated cost of the work

shown in the tender. Superintending Engineer, should be the final

authority in this respect irrespective of the fact that the tender is

accepted by Chief Engineer, Additional Chief Engineer/

Superintending Engineer/ Executive Engineer of Assistant

Engineer/Sub-Divisional Engineer.

Action when whole of

Security Deposit is

forfeited.

a)

b)

c)

Clause 3 :- In any case in which under any clause or

clauses of this contract the contractor shall have rendered

himself liable to pay compensation amounting to the whole of

his Security Deposit (whether paid in one sum or deducted by

installments ) or in the case of abandonment of the work owing to

serious illness or death of the contractor or any other cause, the

Executive Engineer on behalf of the Governor of Maharashtra,

shall have power to adopt of the following courses as he may deem

best suited to the interests of Government.

To rescind the contract (of which rescission in writing to

the contractor under the hand of the Executive Engineer shall be

conclusive evidence) and in that case the security deposit of the

Contractor shall stand forfeited and be absolutely at the disposal of

Government.

To carry out the work or any part of the work

departmentally debiting the contractor which the cost of the work,

expenditure incurred on tools and plant, and charges on additional

supervisory staff including the cost of work charged establishment

employed for getting the departmentally in all respects in the same

manner and at the same rates as if it had been carried out by the

contractor under the terms of the contract. The certificate of the

Executive Engineer as to all the cost of the work and other allied

expenses so included and the value of the work so done

departmentally shall be final and conclusive against the contractor.

To order that the work of the contractor be measured up

and to take such part thereof as shall be unexecuted out of his

hands and to give it to another contractor to complete, in

which case all expenses incurred on advertisement for fixing a

new contracting agency, additional supervisory staff including

the cost of work charged establishment and cost of the work

executed by the new contract agency will be debited to contractor

and the value of the work done or executed through the new

contractor shall be credited to the contractor in all respects and in

the same manner and at the same rates as if it had been carried out

by the contractor under the terms of his contract. The certificate of

the Executive Engineer as to all the cost of the work and other

expenses incurred as aforesaid for or in getting the unexecuted

work done by the new contractor and as the value of the work so

done shall be final and conclusive against the contractor.

-23-


In case the contract shall be rescinded under clause (a)

above, the contractor shall not be entitled to recover or be paid any

sum for any work thereto for actually performed by him under this

contract unless and until the Executive Engineer shall have certified

in writing the performance of the such work and the amount

payable to him in respect there of and he shall only be entitled to

paid the amount so certified. In the event of either of the courses

referred to in clause (b) or (c) being adopted and the cost of the

work executed departmentally or through a new contractor and

other allied expenses exceeding the value of such work credited to

the contractor, the amount of excess value shall be deducted from

any money due to the contractor by the Govt. under the contract or

otherwise. Howsoever or from his security deposit or the sale

proceeds thereof provided howsoever, that the contractor shall have

no claim against Government even if certified value of the work

done departmentally or through a new contractor except the

certified cost of such work and allied expenses provided always

that whichever of the three courses mentioned in clause (a), (b) or

(c) is adopted by the Executive Engineer the contractor shall have

no claim to compensation for any loss sustained by him reason of

him having no claim to compensation for any materials, or entered

into engagement or made any advance on account of or with a view

of the execution of the work or the performance of contract.

Action when the progress

of any particular portion

of the work is

unsatisfactory.

Clause 4 :- If the progress of any particular portion of the

work is unsatisfactory the Executive Engineer shall not

with standing the general progress of the work is satisfactory in

accordance with clause 2, be entitled to take action under clause

3(b) after giving the contractor 10 days notice in writing and the

contractor will have no claim for compensation for any loss

sustained by him owing to such action.

Contractor remains liable

to pay compensation if

action not taken under

clause 3 & 4 Power to

take possession of or

require removal of or sell

contractor’s plant.

Clause 5 :- In any case in which any of the powers

conferred upon the Executive Engineer by Clause 3 and 4

hereof shall have become exercisable and the same shall

not been exercised, the non-exercise thereof shall not

constitute a waiver of any of the conditions hereof and

such powers shall not withstanding be exercisable in any

future case of default by the contractor for which by under

any clause or clauses hereof he is declared liable to pay

compensation amounting to the whole of his security deposit and

the liability of the contractor for past and future compensation

shall remain unaffected. In the event of the Executive

Engineer taking action under sub-clause (a) or (c) clause (3)

he may, if he so desires, take possession of all or any tools plant,

materials and stores in or upon the works or the site thereof or

belonging to the Contractor, or procured by him and intended to be

used for the execution of the work or any part thereof, paying or

allowing, for the same in account at the contract rates, or in case of

contract rates not being applicable at current market rates, to be

certified by the Executive Engineer whose certificate thereof shall

be final. In the alternative the Executive Engineer may after giving

notice in writing to the contractor or to his clerk of the works,

foreman or other authorised agent require him to remove such tools,

-24-


plant, materials or stores from the premises within a time to be

specified in such notice and in the event of contractor failing to

comply with any such requisition the Executive Engineer may

remove them at the contractor’s expenses or sale them by auction or

private sale, on account of the contractor at his risk in all respects,

and the certificate of the Executive Engineer as to the expenses of

any such removal and the amount of the proceeds and expenses of

any such sale be final and conclusive against the contractor.

Extension of time Clause 6 :- If the Contractor shall desire an extension

of the time for completion of the work on the ground of his having

unavoidably hindered init execution or on and the other ground, he

shall apply in writing to the Executive Engineer before the

expiration of the period stipulated in the tender or before the

expiration of 30 days from the date to which he was hindered as

aforesaid or on which the cause for asking extension occurred,

whichever is earlier and the Executive Engineer may, if in his

opinion there are reasonable ground for granting an extension, grant

such extension as he thinks necessary or proper. The decision of

the Chief Engineer P.W.Region Amravati in this matter shall be

final.

Clause 6-A :- In the case of delay in handing over the land required

for the work due to unforeseen cause, the contractor shall not be

entitled for any compensation whatsoever from the Government on

the ground that the machinery or the labour was idle for certain

period. Contractor may, however apply for extension of time limit

which may be granted on the merit of the case.

Final Certificate.

Clause 7 :- On completion of the work the contractor

shall be furnished with a certificate by the Executive Engineer

(Hereinafter called the Engineer-in-charge ) in such completion

but no certificate shall be given nor shall the work be

considered to be complete until the contractor shall have

removed from the premises on which the work shall have

been executed all scaffolding surplus materials and rubbish and

shall have cleaned of the dirt from all wood work, doors, windows,

floors or other parts of any building, in or upon which the work has

been executed, or on which he may have had possession for the

purpose of executing the work nor until the work shall have been

measured by the Engineer-in-charge or where the measurements

have been taken by his subordinates until they have received the

approval of the Engineer-in-charge or where the measurements

have been taken by his subordinates until they have received the

approval of the Engineer-In-Charge, the said measurements being

binding and conclusive against the contractor. If the contractor

shall fail to comply with the requirements of this clause as to the

removal of scaffolding, surplus material and rubbish, and cleaning

off dirt on or before the date fixed for the completion of the work,

the Engineer-in-charge may at the expense of the contractor,

remove such scaffolding, surplus materials and rubbish, and dispose

of the same as he thinks fit and clean off such dirt as aforesaid, and

the contractor shall forthwith pay the amount of all expenses so

incurred but shall have no claim in respect of any such scaffolding

or surplus materials as aforesaid except for any sum actually

-25-


realized by the sale thereof.

Payments on intermediate

Certificate to be regarded

as advances.

Clause 8 :- No payment shall be made for any

work estimated to cost less than Rs. One thousand.

After the whole of the said work shall have been

completed ,a certificate of completion shall be given. But in the

case of the works estimated to cost more than Rs. One thousand,

the contractor shall on submitting a monthly bill therefore, be

entitled to receive payment proportionate to the part of the work

then approved and passed by the Engineer-in-charge, whose

certificate of such approval and passing of the sum payable shall be

final and conclusive against the contractor. All such intermediate

payment shall be regarded as payments by way of advance against

the final payments only and not preclude the Engineer-in-charge

from requiring any bad unsound, imperfect or unskillful work to be

removed and taken away and reconstructed, or reacted, nor shall

any such payment be considered as an admission of the due

performance of the contract or any part thereof, in any respect or

the occurring of any claim, nor shall it conclude, determine or

affect in any way the powers of the Engineer-in-charge as to final

settlement and adjustment of the accounts or otherwise, or in any

other way vary or affect the contract. The final bill shall be

submitted by the contractor within one month of the date fixed for

the completion of the work otherwise the Engineer-in-charge’s

certificate of the measurement and of the total amount payable for

the work shall be final and binding on all parties.

Payments at reduced rates

on account of items of

work not accepted as

completed to beat the

discretion of the

Engineer-in- charge.

Clause 9:- The rates for several items of work estimated to

cost more than Rs. One Thousand agreed to within, shall be

valid only when the item concerned is accepted as having

been completed fully in accordance with the sanctioned

specifications. In case where the itemsof work are not accepted as

so completed the Engineer-in-charge may make payment on

account of such items at such reduced rates as he may consider

reasonable in preparation of final or on account bills.

Bill to be submitted

monthly.

Clause 10 :- A bill shall be submitted by the contractor

each month on or before the date fixed by the Engineer-in-

charge for all work executed in the previous month, and the

Engineer-in-charge shall take or cause to be taken the requisite

measurement for the purpose of having the same verified and the

claim so far as it is admissible shall be adjusted, if possible, within

10 days from the presentation of the bill. If the contractor does not

submit the bill within time fixed as aforesaid, the Executive-in-

charge may depute a subordinate to measure up the said work. The

presence of the contractor or his duly authorised agent whose

counter signature to the measurement list shall be sufficient

warrant, and the Engineer-in-charge may prepare a bill from such

list which shall be binding on the contractor in all respects.

-26-


Bill to be on printed form.

Clause 11 :- The Contractor shall submit all bills on

the printed forms to be had on application at the office of the

Engineer-in

-charge. The charges to be made in the bills shall always be

entered at the rates specified in the tender or in the case of any extra

work ordered in pursuance of these condition and not mentioned or

provided for in the tender, at the rate hereinafter provided for such

work.

Store supplied by

Government.

Clause 12 :- If the specification or estimate of the work provides

for the use of any special description of materials to be supplied

from the P.W.D. store or if it is required that the contractor shall

use certain stores, and the prices to be charged therefore as

hereinafter mentioned being so far as practicable for the

convenience of the contractor but not so as in any way to

control the meaning or effect of this contract specified in the

schedule or memorandum (hereto annexed) the contractor shall

be supplied with such materials and stores as may be required

from time to time to be used by him for the purposes of

the contract only, and the value of the full quantity of

materials and stores so supplied shall be set off or

reduced from any sums then due, or otherwise, or from the security

deposit, or the proceeds of sale thereof, if the deposit is

held in Government securities the same or a sufficient portion

thereof shall in that case be sold for the purpose. All materials

supplied to the contractor shall remain the absolute property of

Government and shall on no account be removed from the site of

the work and shall at all times be open to inspection by the

Engineer-In-Charge. Any such materials unused and is perfectly in

good condition at the time of completion or determination of the

contract shall be returned to the Public Works Departments store, if

the Engineer-In-Charge so requires by a notice in writing given

under his hand, but remaining unused by him or for any wastage in

or damage thereto.

Work to be executed in

accordance with

specifications, drawings,

orders etc.

Clause 13 :- The contractor shall execute the whole and

every part of the work like manner and both as regards

materials and every other respect in strict accordance with

specifications. The contractor shall also confirm exactly fully and

faithfully to the designs, and drawings and instructions in writing

relating to the work signed by the Engineer-in-charge and lodged in

his office and to which the contractor shall be entitled to have

access for the purpose of inspection at such office or at the site of

work during office hours. The contractor will be entitled to receive

three sets of contract drawings and working drawings as well as one

certified copy of the accepted tender along with the work order free

of cost. Further copies of the contract drawings and working

drawings if required by him, shall be supplied at the rate of Rs.

1000/- per set of contract drawing and Rs. 1000/- per working

drawing except where otherwise specified.

-27-


Alterations in

specifications & designs

not to invalidate contract.

Rate for works not

entered in the estimate on

schedule of rate of the

district.

Extension of time in

consequence of additions

or alterations.

No claim to any payment

or compensation for

alteration in or restriction

of work

Clause 14 :- The Engineer-in-charge shall have power to make

any alterations in, or additions to or drawing design and instructions

that may the original specifications, appear to him to be necessary

or advisable during the progress of the work and the contractor

shall be bound to carry out the work in accordance with any

instructions in this connection which may be given him in

writing signed by the Engineer -in-charge and such

alterations shall not invalidate the contract, and any additional

work which the contractor may be directed to do in the manner

above specified as a part of the work shall be carried out by the

contractor in the same conditions in all respects on which he

agreed to the main work and at the same rates as per specified in

the tender for the main work. And if the additional or altered work,

includes any class of work for which no rate is specified in this

contract, then such class of work shall be carried out at the rates

entered in schedule of rates of the division or at the rate mutually

agreed upon rates between the Engineer-in-charge and the

contractor which ever are lower. If the additional or altered work

for which no rate is entered in the Schedule of rates of the

Division, is ordered to be carried out before the rates are agreed

upon, then the contractor shall within 7 days of the date of receipt

by him of order to carry out work inform the Engineer-in-charge of

the rates which if his intention to charge for such class of work,

and arrange to carry it out in such manner as he may consider

advisable, provided always that if the contractor shall commence

work or incur any expenditure in regard thereto before the rate shall

have been determined as lastly here in before mentioned then in

such case he shall only entitled to be paid in respect if the work

carried out or expenditure incurred by him prior to the date of the

determination of the rate as aforesaid according to such rate or rates

as shall be fixed by the Engineer-in-charge. In the event of a

dispute the decision of the Superintending Engineer of the Circle

will be final.

Where however, the work is to be executed according to the

designs, drawings, and specifications recommended by the

contractor and accepted by the competent authority the alterations

above referred to shall be within the scope of such designs,

drawings, and specifications to the tender.

The time limit for the completion of work shall be extended

in the proportion that the increase in its cost occasioned by

alterations or additions bears to the cost of the original

contract work, and the certificate of the Engineer-in-charge as

to such proportion shall be conclusive.

Clause 15 :- (1) If at any time after the execution of

the contract documents, the Engineer shall for any

reason whatsoever ( other than default on the part of the

contractor and for which Government is entitled to rescind the

contract ) desire that the whole or any part of the work specified in

the tender should be suspended or that the whole or part of the

work should not be carried out at all he shall give to the

contractor a notice in writing of such desire and upon the receipt

of such notice the contractor shall forthwith suspend or stop the

-28-


work wholly or in part as required, after having due regard to the

appropriate state at which the work should suspended so as not

to cause any damage or injury to the work already done or

endanger the safety thereof injury to the work already done or

endanger the safety thereof provided that the decision of the

Engineer as to the stage at which the work or any part of it could be

or could have been safely stopped or suspended shall be final and

conclusive against the contractor The contractor shall have no claim

to any payment or compensation whatsoever by reason of or in

pursuance of any notice as aforesaid on account of any suspension,

stoppage or curtailment except to the extent specified here-in-after.

(2) Where the total suspension if the work ordered as aforesaid

continued for a continuous period exceeding 90 days, the contractor

shall be at liberty to withdraw from the contractual obligations

under the contract so far as it pertains to the unexecuted part of the

work by giving a 10 days prior notice in writing to the Engineer,

within 30 days of the expiry or expiry of the said period of 90 days,

of such intention and requiring the Engineer to record the final

measurements of the work already done and to pay the final bill.

Upon given such notice, the contractor shall be deemed to have

been discharged from his obligation to complete the remaining

unexecuted work under this contract on receipt of such notice the

Engineer shall proceed to complete the measurement and make

such payment as may be finally due to the contractor within a

period of 90 days from the receipt of such notice in respect of the

work already done by the contractor. Such payment shall not in

any manner prejudice the right of the contractor to any further

compensation under the remaining provision of this clause.

(3) Where the Engineer requires the contractor to suspend the

work for a period in excess of 30 days at any time or 60 days in the

aggregate, the contractor shall be entitled to apply to the Engineer

within 30 day of the resumption of the work after such suspension

for payment of compensation to the extent of pecuniary loss

suffered by him in respect of working machinery rendered idle on

the site or on account of his having, have to pay the salary or

wages of labour engaged by him during the said period of

suspension. Provided always that the contractor shall not be

entitled to any claim in respect of any such working

machinery, salary or wages for the first 30 days whether

consecutive or in the aggregate of such suspension or in respect of

any suspension whatsoever occasioned by unsatisfactory work or

any other default on his part. The decision of the Engineer in this

regard shall be final and conclusive against the contractor.

(4) In the event of

i) Any total stoppage of work on notice from the Engineer

under sub-clause (1) in that behalf.

ii) Withdrawal by the contractor from the contractual

obligation to complete the remaining unexecuted work under sub-

clause (2) on account of continued suspension of work for a

period exceeding 90 days.

iii) Curtailment in the quantity of an item or items originally

tendered on account of any alteration, omission or substitutions in

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the specifications, drawings, designs or instructions under clause

14(1) where such curtailment exceeds 25% at the rates for the items

specified in the tender is more than Rs. Five thousand/-

It shall be open to the contractor within 90 days from the

service of (i) the notice of stoppage of work or (ii) the notice of

withdrawal from the contractual obligation under the contract on

account of the continued suspension of the work or (iii) notice

under clause 14(1) resulting such curtailment or produce to the

Engineer Satisfactory documentary evidence that he had

purchased or agreed to purchase material for use in the contracted

work, before receipt by him of the notice of stoppage, suspension or

curtailment and require the government to take over on payment

such material at the rates determined by the Engineer. Provided

however such rates shall in no case exceed the rates at which the

same were acquired by the contractor. The Government shall

thereafter take over the material so offered, provided the quantities

offered are not in excess of the requirement of the unexecuted work

as specified in the accepted tender and are of quality and

specification approved by the Engineer.

Time limit for unforeseen

claims.

Action, compensation

payable in case of bad

work.

Clause 16 :- Under no circumstances whatsoever shall the

contractor be entitled to any compensation from Government on

any account unless the contractor shall have submitted claim in

writing to the Engineer-in-charge within one month of the cause of

such claim occurring.

Clause 17 :- If any time before the Security Deposit or any part

thereof is refunded to the contractor it shall appear to the

Engineer-in-charge or his subordinate in charge of the work, that

any work has been executed with unsound, imperfect unskillful

workmanship or with materials of inferior quality, or that any

materials or articles provided by him for the execution of the work

are unsound or of a quality inferior to that contracted for, or are

otherwise not in accordance with the contractor, it shall be lawful

for the Engineer-in-charge to intimate this fact in writing to the

contractor and then not withstanding the fact that work, materials or

articles complained of may have been inadvertently passed,

certified and paid for, the contractor shall be bound forthwith to

rectify or remove and reconstruct the work so specified in whole or

in part, as the case may require or if so required, shall remove the

materials or articles so specified and provided other proper and

suitable materials or articles at his own charge and cost and in the

event of his failing to do so within a period to be specified by the

Engineer-in-charge in the written intimation aforesaid, the

contractor shall be liable to pay compensation at the rate of 1% on

the amount of the estimate for every day not exceeding 10 days,

during which the failure so continues and in the case of any such

failure the Engineer-in-charge may rectify or remove and re-

execute the work or remove and replace the materials or articles

complained of as the case may be at the risk and expense in all

respects of the contractors should the Engineer-in-charge consider

that any such inferior work or materials as described above may be

accepted or made use of it shall be within his discretion to accept

the same at such reduced rates as be may fix therefore.

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Work to be open to

Inspection. Contractor or

responsible agent to be

present.

Clause 18 :-All works under or in course of execution or executed

in pursuance of the contract shall at all times be open to the

inspection and supervision of the Engineer-In-Charge and his

sub--ordinates, and the contractor shall at all times during the usual

working hours, and at all other times at which reasonable notice

of the intention of the Engineer-in-charge or his subordinates to

visit the works shall have been given to the contractor, either

himself be present to receive order and instructions or have a

responsible agent duly accredited in writing, present for the

purpose. Orders given to the contractor’s duly authorised agent

shall be considered to have the same force and effect as if they had

been given to the contractor himself.

Notice to be given before

the work is covered up.

Clause 19 :- The Contractor shall give not less than 5

days notice in writing to the Engineer-in-charge or his subordinates

in charge of the work before covering up or otherwise placing

beyond the reach of measurement any work in order that the same

may be measured and correct dimensions thereof taken before the

same is so covered up or placed beyond the reach of measurement

any work without the consent in writing of the Engineer-in-charge

or his subordinate in charge of the work and if any work shall be

covered up or placed beyond the reach of measurement without

such notice having been given or consent obtained, the same shall

be uncovered at the contractor’s expense and in default thereof no

payment or allowance shall be made for such work or for the

materials with which the same was executed.

Contractor liable for

damage done and for

imperfection.

Clause 20 :- If during the period of Twenty Four [24]

months from the date of completion as certified by the

Engineer-in charge pursuant to the clause 7 of the contract or

Twenty Four [24] months after commissioning of the work which

ever is earlier in the opinion of the Executive Engineer, the said

work is defective in any manner whatsoever, the contractor shall

forthwith on receipt of notice in that behalf from the Executive

Engineer, duly commence execution and completely carry out at his

cost in every respect all the work that may be necessary for

rectifying and setting right the defects specified therein including

dismounting and reconstruction of unsafe portions strictly in

accordance with and in the manner prescribed and under the

supervision of the Executive Engineer. In the event of the

contractor failing or neglecting to commence execution of the

said rectification work within the period prescribed therefore in

the said notice, the Executive Engineer may get the same executed

and carried out departmentally or by any other agency at the risk on

account and at the cost of the contractor. The contractor shall

forthwith on demand pay to the government the amount of such

costs, charges and expenses sustained or the amount of such costs,

charges and expenses sustained or incurred by the government

of which the certificate of the Executive Engineer shall be final

and binding on the contractor. Such costs, charges and expenses

shall be deemed to be arrears of land revenue and in the event of

contractor failing or neglecting to commence execution of the said

rectification work within the period prescribed therefore in the

said notice and/or to complete the same as aforesaid as

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required by the said notice, the Executive Engineer get the

same executed and carried out departmentally or by any other

agency at the risk on account and at the cost of the contractor.

The contractor shall forthwith on demand pay to the government

the amount of such costs, charges and expenses sustained or the

amount of such costs, charges and expenses sustained or incurred

by the government of which the certificate of the Executive

Engineer shall be final and binding on the contractor. Such costs,

charges and expenses shall be deemed to be arrears of land revenue

and in the event of contractor failing or neglecting to pay the same

on demand as aforesaid without prejudice to any other rights and

remedies of the government, the same on demand as aforesaid

without prejudice to any other rights and remedies of the

government, the same may be recovered from the contractor as

arrears of land revenue. The government shall also be entitled to

deduct the same from any amount which may then be payable or

which may thereafter becomes payable by government to the

contractor either in respect of the said work or any other work

whatsoever, or from the amount of the security deposit retained by

government.

Contractor to supply

plant, ladders, scaffolding

etc.

Clause 21 :- The contractor shall supply at his own cost

all materials ( except such special materials if any ) as may

be supplied from the Public Works Department Stores, in

accordance with the contract), plant, tools, appliances, implements,

ladders, cordage, tackle, scaffolding and any temporary works

which may be required for the proper execution of the work, in the

original, altered or substituted from, whether included in the

specification or other documents forming part of the contract or

referred to in these conditions or not and which may be necessary

for the purpose of satisfying or complying with the requirements of

the Engineer-in-charge as to any matter on which under these

conditions he is entitled to be satisfied, or which he entitled to

require together with carriage therefor, to and from the work. The

contractor shall also supply without charge the requisite number

of persons with the means and materials necessary for the

purpose of setting out work, and counting, weighing and assisting

in the measurement or examination at any time and from time to

time of the work or materials. Failing this the same may be

provided by the Engineer-in-charge at the expenses of the

contractor and the expenses may be deducted from any money due

to the contractor under the contract or from his security deposit or

the proceeds of sale thereof or of a sufficient portion thereof.

The contractor shall provide all necessary fencing and lights

required to protect the Public from accident and shall also be

bound to bear the expenses of defence every suit, action or other

legal proceedings at law that may be brought by any person for

injury sustained owing to the neglect of the above precautions,

and to pay damages and cost such person or which may with the

consent of the contractor be paid in compromising any claim by any

such person.

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Clause 21-A :- The contractor shall provide suitable scaffolds and

working platforms, gangways and stairways and shall comply with

the following regulations in connection therewith.

a) Suitable scaffolds shall be provided for workman for

all work that cannot be safely done from a ladder

or by other means.

b) A scaffold shall not be constructed, taken down or

substantially altered except.

i) Under the supervision of a competent and

responsible person, and

ii) As for as possible by competent workers

possessing adequate experience in this kind of

work.

c) All scaffolds and appliance connected therewith and all

ladders shall

i) be of sound material

ii) be of adequate strength having regard to the loads

and strains to which they will be subjected, and

iii) be maintained in proper condition

d) Scaffolds shall be so constructed that no part thereof can

be displaced in consequence of normal use.

e) Scaffolds shall not be overloaded and as far as practicable

the load shall be evenly distributed.

f) Before installing lifting gear on scaffolds special

precaution shall be taken to ensure the strength and

stability of the scaffolds.

g) Scaffolds shall be periodically inspected by a competent

person

h) Before allowing a scaffold to be used by his

workmen the contractor shall check where the scaffold has

been erected by his workmen or not take steps to ensure

that it complies fully with the regulations herein specified.

i) Working platforms, gangways shall

i) be so constructed that no part thereof can sag

unduly or unequally.

ii) be so constructed and maintained having

regard to the prevailing conditions as to

reduce as far as practicable risks of

persons tripping or slipping, and

iii) be kept free from any unnecessary obstructions.

j) In the case of working platforms, gangways, working

places and stairways at a height exceeding 3 meters.

(to be specified).

i) every working platform and every gangways

shall have to be closely boarded unless other

adequate measures are taken to ensure.

ii) every working platform and gangways, shall have

adequate width and.

iii) every working platform, gangways, working

places, stairway shall be suitably fenced.

k) Every opening in the floor of the building or

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in working platform shall except for the time and to the

extent required to allow the access or persons or the

transport or shifting of materials be provided with suitable

means to prevent the fall of persons or materials.

l) When persons are employed on a roof where

there is danger of falling from a height exceeding 3 meters

suitable precaution (to be prescribed) shall be taken to

prevent the fall of persons or materials.

m) Suitable precautions shall be taken to prevent

persons being struck by articles which might fall from

scaffolds or other working place.

n) Safe means of access shall be provided to all

working platforms and other working places.

Clause 21 B :- The contractor shall comply with the following

regulations as regards the hoisting appliances to be used by him.

(a) Hoisting machines and tackle, including their attachment,

anchorages and supports shall

(i) be of good mechanical construction, sound

material and adequate strength and free from

patent defect and

(ii) be kept in good repaid and in good working

order

(b) Every rope used in hoisting or lowering material or

as a means of suspension shall be of suitable quality and

adequate strength and free from patent defect.

(c) Hoisting machines and tackle shall be

adequately tested after erected on the site and before and be

re-examined in position at intervals to be prescribed by the

government.

(d) Every chain, ring hook shackle, swivel and pully block

used in hoisting or lowering of materials or as a means of

suspension shall be periodically examined.

(e) Every crane driver or hoisting appliances operator

shall be properly qualified.

(f) No person who is below the age of 21 years shall be

in control of any hoisting machine, including any scaffolds,

which give signals to the operator.

(g) In the case of every hoisting machine and of every

chain, ring, hook, shackle, swivel and pulley block used on

hoisting or lowering or as a means of suspension the safe

working load shall be ascertained by adequate means.

(h) Every hoisting machine and all gear referred to in

the preceding regulation shall be plainly marked with the

safe working load.

i) In the case of hoisting machine having available

safe working load, each safe working load and the

condition under which it is applicable shall be clearly

indicated.

j) No party of any hoisting machine or of any gear

referred to in regulation of above shall be loaded beyond

the safe working load except for the purpose of testing.

k) Motors, gearing transmissions, electric wiring and

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wiring and other dangerous part of hoisting appliances shall

be provided with efficient safe guards.

l) Hoisting appliances shall be provided with such

means as will reduce to a minimum risk of the accidental

descent of the load.

m) Adequate precautions shall be taken to reduce to a

minimum the risk of any part of a suspended load

becoming accidentally displace.

Measure for prevention of

fire.

Clause 22 :- The contractor shall not set fire to any standing

jungle, tree, brush wood or grass without a written permit from

the Executive Engineer. When such permit is given and also in all

cases when destroying cut or dug up trees, brush wood, grass etc.

by fire, the contractor shall take necessary measures to prevent such

fire spreading to or otherwise damaging surrounding property. The

contractor shall make his own arrangements for drinking water for

the labour employed by him.

Liability of contractors

for any damage done in or

outside work area.

Clause 23 :-Compensation for all damage done intentionally or

unintentionally by contractor’s labour whether in or beyond the

limits of Govt. property including any damage caused by the

spreading of fire mentioned in clause 22 shall be estimated by the

Engineer-in-charge or such other officer as he may appoint and the

estimates of the Engineer-in-charge subject to the decision of the

Superintending Engineer on appeal shall be final and the contractor

shall be bound to pay the amount of the assessed compensation on

demand failing which the same will be recovered from the

contractor as damages in the manner prescribed in clause 1 or

deducted by the Engineer -in-charge from any sums that may be

due to or become due from government to the contractor under this

contract or otherwise.

The Contractor shall bear the expenses of defending any

action or other legal proceedings that may be brought by any person

for injury sustained by him owing to neglect of precautions to

prevent the spread of fire and he shall also pay any damages and

cost that may be awarded by court in consequence.

Employment of female

labour.

Clause 24 :- The employment of female labourers on works

in the neighborhood of soldiers barracks should be avoided as far

as possible.

Work on Sunday. Clause 25 :- No work shall be done on a Sunday without the

sanction in writing of the Engineer-in-charge.

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Work not to be sublet.

Contract may be

rescinded and Security

Deposit forfeited for

subletting it without

approval or for bribing a

Public Officer or

Contractor becomes

insolvent.

Clause 26 :-The contract shall not be assigned or sublet without

the written approval of the Engineer--in-charge. And if the

contractor shall assign or sublet his contract, or attempt so to

do, or become insolvent or commence any proceedings to be

adjudicated and insolvent or make any composition with his

creditors, or attempt so to do the Engineer- in- charge may be

notice in writing, rescind the contract. Also if any bribe, gratuity,

gift, loan, perquisite, regard or advantage, pecuniary or otherwise,

shall either directly or indirectly be given, promised, or offered by

the contractor or any of his servants or agents to any public

officer or person in the employment, of the Government in

any way relating to his office or employment, or if any such

officer or person shall become in any way directly or indirectly

interested in the contract, the Engineer-in-charge may notice in

writing rescind the contract. In the event of a contract being

rescinded, the Security Deposit of the contractor shall there

upon stand forfeited and be absolutely at the disposal of the

Government and same consequences shall ensure as

if the contract had been rescinded under clause 3 hereof and in

addition the contractor shall not be entitled to recover or be paid for

any work therefore actually performed under the contract.

Sum payable by way of

compensation to be

considered as reasonable

compensation without

reference to actual loss

Clause 27 :- All sums payable by a contractor by way of

compensation under any of these conditions shall be considered

as a reasonable compensation to be applied to the use of

Government without reference to the actual loss or damage

sustained and whether any damage has or has not been sustained.

Changes in the

constitution of the firm to

be notified.

Clause 28 :- In the case of a tender by partners

any change in the constitution of a firm shall be

forthwith notified by the contractor to the Engineer-in-charge

for his information.

Clause 29 :- All works to be executed under the contract shall be

executed under the direction and subject to the approval in all

respects of the Superintending Engineer of the Circle for the time

being, who shall be entitled to direct at what point or and in what

manner they are to be commenced and from time to time carried on.

Work to be under

direction and control of

Superintending Engineer.

Clause 30 :- Except where otherwise specified in the contract

and subject to the powers delegated to him by Government

under the code rules then in force, the decision of the

Superintending Engineer of the Circle for the time being shall be

final, conclusive and binding on all parties to the contract upon all

questions relating to the meaning of the specifications, designs,

drawings and instruction herein before mentioned and as to the

quality of the workmanship or material used on the work, or

as to any other question, claim, right, matter or things

whatsoever, in any way arising out of, or relating to the

contract designs, drawing, specifications, estimates,

instructions, orders or these conditions, or otherwise concerning the

works, or the execution or failure to execute the same whether

arising during the progress of the work or after the completion or

abandonment thereof.

2) The contractor may within thirty days of receipt by him of

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any order passed by the Superintending Engineer of the Circle as

aforesaid appeal against it to the Chief Engineer concerned with the

contract, work or project provided that

a) The accepted value of the contract exceeds Rs. 10/-

lakhs (Rupees Ten Lakhs).

b) Amount of claim is not less than Rs. 1.00 Lakh

(Rupees One lakhs)

3) If the contractor is not satisfied with the order passed by the

Chief Engineer as aforesaid the contractor may within thirty days of

receipt by him of any such order, appeal against it to the concerned

Secretary, Public Works Department who, if convinced that prima-

facie the contractors claim rejected by the Superintending

Engineer/Chief Engineer is not frivolous and that there is some

substance in the claim of the contractor as would merit a detailed

examination and decision by the Standing Committee, shall put up

to the Standing Committee at Government level for suitable

decision.

Store of European or

American manufacture to

be obtained from the

Govt.

Clause 31 :- The contractor shall obtain from the

P.W.D.stores all stores and articles of European or

American manufacture which may be required for the work, or

any part of the work or in making up any article s required therefore

or in connection therewith unless he has obtained permission

in writing from the Engineer-in-charge to obtain such stores and

articles elsewhere. The value of such stores and articles as may be

supplied to the contractor by Engineer-in-charge will be debited to

the contractor in his account at the rates shown in the Schedule in

form “A” attached to contract, and if they are not entered in the said

Schedule, they shall be debited to him at cost price which for the

propose of this contract shall include the cost of carriage and all

other expenses whatsoever, which may have to be incurred in

obtaining delivery of the same as the stores aforesaid.

Lump sums in estimates.

Clause 32 :- When the estimate on which a tender is made

includes lump sumps in respect of parts of the work the contractor

shall be entitled to payment in respect of items of work involved or

the part of the work in question at the same

rates as are payable under this contract for such items, or if the part

of the work question is not in the openion of the Engineer-in-charge

capable of measurement the Engineer-in-charge may at his

discretion pay the lump sum amount entered in the estimate, and

the certificate in writing of the Engineer-in-charge shall be final

and conclusive against the contractor with regard to any sum or

sums payable to him under the provisions of this clause.

Action where no

specifications.

Clause 33 :-In the case of any class of work for which there is

no such specification as mentioned in Rule-1 such work shall be

carried out in accordance with the Divisional Specifications, and in

the event of there being no Divisional Specifications, then in such

case the work shall be carried out in all respects in accordance with

the instruction and requirement of the Engineer-in-charge.

-37-


Definition of work.

Clause 34 :-The expression ‘works’ or ‘work’ where used in

these condition shall, unless there be something in the subject or

context repugnant to such construction be construed to mean the

work or the works contracted to be executed under or in virtue of

the contract, whether temporary or permanent and whether

original, altered, substituted or additional.

Contractor’s percentage

whether applied to net or

gross amount of bill.

Clause 35 :- The percentage referred to in the tender shall be

deducted from/added to the gross amount of the bill

beforededucting the value of any stock issued.

Quarry fees & royalties.

Clause 36 :- All quarry fees, royalties, and ground rent for

stacking materials if any, should be paid by the contractor.

Compensation under

Workmen’s

Compensation Act.

Clause 37 :- The contractor shall be responsible for and shall

pay compensation to his workmen payable under the

Workmen’s Compensation Act. 1923 (VIII of 1923), ( herein

after called the said Act) for injuries caused to the workmen’s. If

such Compensation is payable and or paid by Government as

principal under the subsection (1) of section 12 of the said Act on

behalf of the contractor, this shall be recoverable by Government

from the contractor under sub section (2) of the said section. Such

compensation shall be recovered in the manner laid down in clause

I above.

Clause 37-A :- The contractor shall be responsible for and shall

pay expenses of providing Medical aid to any workmen who may

suffer a bodily injury as a result of an accident. If such expenses

are incurred by Government the same shall be recoverable from the

contractor forthwith and be deducted without prejudice to any other

remedy of Government from any amount due or that may become

due to the contractor

Clause 37-B :- The contractor shall provide all necessary personal

safety equipment and first-aid apparatus available for the use of the

persons employed on the site and shall maintain the same in

condition suitable for immediate use at any time and shall comply

with the following regulation in connection therewith -

a) The worker shall be required to use the equipment so

provided by the contractor and the contractor shall take adequate

steps to ensure proper use of the equipment by those concerned.

b) When work is carried on in proximity to any lace

where there is no risk of drawing, all necessary equipments shall be

provided and kept ready for use and all necessary steps shall be

taken for the prompt rescue of any person in danger.

c) Adequate provision shall be made for prompt first-aid

treatment for all injuries likely to be sustained during the course of

the work.

Clause 37-C :- The contractor shall duly comply with the provision

of ‘The Apprentices Act. 1961 (III of 1961), the rules made there

under and the orders that may be issued from time to time under the

said Act and the said Rules and on his failure or neglect to do so he

shall be subject to all the liabilities and penalties provided by the

said Act and said Rules’.

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Claim for quantity of

works entered in the

tender or estimate.

Clause 38 :- (1) Quantities in respect of the several items

shown in the tender are approximate and no revision in the

tendered rates shall be permitted in respect of any of the items so

long as, subject to any special provision contained in the

specification prescribing a different percentage of permissible

variation, the quantity of the items does not exceed the tender

quantity by more than 25% and so long as the value of the excess

quantity beyond this limit, at the rate of the items specified in the

tender, is not more than Rs. 5,000/-.

2) The contractor shall if ordered in writing by the

Engineer-in-charge so to do also carry out any quantities in

excess of the limit mentioned in Sub-Clause (1) here of on the

same conditions as and in accordance with the specifications in the

tender and at the rates (i)derived from the rates entered in the

current schedule of rates and in the absence of such rates (ii) at the

rate prevailing in market, the said rates being increased or

decreased as the case may be, by the percentage which the total

tendered amount bears to the estimate cost of the work as put to

tender, based upon the Schedule of rates applicable to the year in

which the tenders where invited (for the purpose of operation of

this clause, this cost shall be taken to be Rs.

3) Claim arising out of reduction in the tendered quantity of

any item beyond 25 percent will be governed by the provisions of

clause 15 only when the amount of such reduction beyond 25% at

the rate of the item specified in the tender is more than Rs. 5,000-

00.

Employment of female or

other labour.

Clause 39 :- The contractor shall employ any famine,

convict or other labour of a particular kind of class if ordered

in writing to do so by the Engineer-in-charge.

Claim for compensation

for delay in starting work.

Clause 40 :- No compensation shall be allowed for any delay

caused in the starting of the work on account of acquisition of

land and in the case of the clearance work of any delay in

according to sanction estimates.

Claim for compensation

for delay in the execution

of work.

Clause 41 :- No compensation shall be allowed for any delay in

execution of the work on account of water standing in

borrow pits or compartments. The rates are inclusive for

hard or cracked soil excavation in mud, subsoil water or water

standing in borrow pits and no claim for an extra rate shall be

entertained, unless otherwise expressly specified.

Clause 42 :- The Contractor shall not enter upon on

commence any portion of work except with the written

authority and instructions of the Engineer-in-charge or of

his subordinate incharge of the work. Failing such authority

the contractor shall have no claim to ask for measurements

of or payment for work.

Minimum age of persons

employed, the

employment of donkey

and/or other animals and

the payment of fair wages.

Clause 43 :-

(i) No contractor shall employ any person who

is under the age of 18 years.

(i) No contractor shall employ donkeys or other

animals with breeching of string or thin rope.

The breeching must be at lease 3 inches wide

-39-


and should be of tape (Newar).

(iii) No animal suffering from sores; lameness or

emaciation or which is immature shall be employed

on the work.

(iv) The Engineer-in-charge or his agent authorised to

remove from work any person or animal found

working which does not satisfy these conditions

and no responsibility shall be accepted by the

Government for any delay caused in the

completion of the work by such removal.

(v) The contractor shall pay fair and reasonable wages

to the workmen employed by him in the contract

undertaken by him. In the event of any dispute

arising between the contractor and his workmen on

the grounds that the wages paid are not fair and

reasonable, the dispute shall be referred without

delay to the Executive Engineer who shall decide

the same. The decision of the Executive Engineer,

shall be conclusive and binding on the contractor,

but such decision shall not in any way affect the

condition in the contract regarding the payment to

be made by the Government at the sanctioned

tender rates.

(vi) The contractor shall provide drinking water

facilities to the workers. Similar amenities shall be

provided to the workers engaged on large work in

urban areas.

Method of Payment. Clause 44 :- Payment to contractors shall be made by

cheques drawn on any treasury within the Division

convenient to them. provided the amount exceed Rs. 10/-

Amount not exceeding Rs.10/- will be paid in cash.

Acceptance of

conditions compulsory

before tendering the

work.

Clause 45 :- Any contractor who does not accept these

conditions shall not be allowed to tender for works.

Employment of scarcity

labour.

Clause 46 :- If Government declare a state of scarcity or famine

to exist in any village situated within 10 miles of

work, the contractor shall employ upon such parts of the work as

suitable for unskilled labour any person certified to him by the

Executive Engineer or by any person to whom Executive Engineer

may have delegated this duty in writing to be in need of relief and

shall be bound to pay to such persons wages not below minimum

which may arise in connection with the implementation of this

clause shall be decided by the Executive Engineer whose decision

shall be final and binding on the contractor.

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Clause 47 :- The price quoted by the contractor shall not in any

case exceed the control price, if any, fixed by Government or

reasonable price which is permissible for him to charge as private

purchaser for the same class and description of goods under the

provisions of Hoarding and profiteering Prevention Ordinance,

1984 as amended from time to time. If the price quoted exceeds the

controlled price of the price permissible under Hoarding and

Profiteering prevention Ordinance, the contractor will specifically

mention this fact in his tender alongwith reasons for quoting such

higher price. The purchaser at his discretion will in such case

exercises the right of revising the price at any stage so as to confirm

with the controlled price on the permissible under the Hoarding and

Profiteering Prevention Ordinance. This discretion will be

exercised without prejudice to any other action that may be taken

against the contractor.

Clause 48 :- The rates to be quoted by the contractor must be

inclusive of sales tax. No extra payment on this account will be

made to the contractor.

Clause 48 A:- The contractors are bound to pay to the labourers

wages according to the Minimum Wages Act, 1948 applicable to

the Zone in Accordance with the order issued in Government

PWD/Circular No. MWA/1063, dated 7-12-1968.

Clause 49 :- In case of materials that remain surplus with the

contractor for those issued for the work contracted from the date of

ascertaining of the materials being surplus be taken as the date of

sale for the purpose of sales tax and the sale tax will be recovered

on such sale.

Clause 49-A :- Deleted

Clause 50 :- The contractor shall employ the unskilled

labour to be employed by him on the said work only

from locally available labours and shall give preference to

those persons enrolled under Maharashtra Government

Employment and Self Employment Departments Scheme.

Provided, however that if the required unskilled labours

are not available locally, the contractor shall in the first

instance employ such number of persons as is available and

thereafter may with previous permission. In writing of the

Executive Engineer-in-charge of the said work, obtain the rest of

requirement of unskilled the labour from outside the above scheme.

Clause 51 :- Deleted

Clause 52 :- All amounts whatsoever which the contractor is liable

to pay to the Government in connection with the execution of

the work including the amount payable in respect of

(1) Material and or stores supplied/issued hereunder by

the Government to the contractor.

(2) Hire charges in respect of heavy plant, machinery and

equipment given on hire by the Government to the Contractor, for

execution by him of the work and/or on which the advance have

been given by the Government to the contractor shall be deemed to

be arrears of the land revenue and the Government may without

prejudice to any other rights and remedies of the Government

recover the same from the contractor as arrears of land revenue.

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Clause 53 :- The contractor shall duly comply with all the

provisions of the Contract Labour (Regulation and Abolition) Act

1970, (37 of 1970 and the Maharashtra Contract Labour

(Regulation and Abolition) Rules, 1971 as amended from time to

time and all other relevant statutes and statutory provisions

concerning payment of workers employed by him on the site of the

work at the rates prescribed under the Maharashtra contract Labour

(Regulation and Abolition) Rules 1971. If the contractor fails or

neglects to pay wages at the said rates or make short payment and

the Government makes such payment of wages in full or part

thereof less paid by the contractor, as the case may be the

amount so paid by the Government to such workers shall be

deemed to be arrears of land revenue and the government shall be

entitled to recover the same as such from the contractor or

deduct the same from the amount payable by the Government

to the contractor hereunder or from any other amounts payable

to him by the Government. (Minimum wages act as per

Government Circular CAT/1284/(120)/Building Dt. 14/8/1988).

Clause 53-A :- Deleted

Clause 54 :- If during the operative period of the contract as

defined in condition (i) below, there shall be any variation in the

Consumer Price Index (New Series) for Industrial Workers for

Nagpur/Akola centre as per the Labour Gazette published by the

Commissioner of Labour, Government of Maharashtra and/or in the

wholesale Price Index for all commodities, prepared by the office

of Economic Adviser, Ministry of Industry, Government of India,

or in the price of petrol/oil and lubricants, and major construction

materials like bitumen, cement, steel, various types of metal pipes

etc., then subject to the other conditions mentioned below, price

adjustment on account of

(1) Labour Component.

(2) Material Component.

(3) Petrol, Oil, and Lubricants Component.

(4) Bitumen Component.

Calculated as per the formula hereinafter appearing, shall be

made. Apart from these, no other adjustments shall be made to the

contract price for any reasons whatsoever. Component percentage

as given below are as of the total cost of work put to tender. Total

of Labour, Material & POL components shall be 100 and other

components shall be as per actuals.

1. Labour Component - K1 0%

2. Material Component - K2 0%

3. P.O.L. Component - K3 0 %

0%

4. Bitumen Component - As per actual

5. Cement component - As per actual.

6. Steel - As per actual.

Note :- If cement, Steel, Bitumen, C.I.& D.I.Pipes are supplied on

Schedule “A”, then respective component shall not be considered.

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Also if particular component is not relevant same shall be deleted.

1. Formula for Labour Component :

V1 = 0.85 P x K1 x L1 - Lo

100 Lo

Where,

V1 = Amount of price variation in Rupees to be Allowed for

Labour component.

P = Cost of work done during the quarter under

consideration

Minus

the cost of Cement, HYSD and Mild Steel, bitumen,

C.I. & D.I. Pipes calculated at the basic star rates as

applicable for the tender, consumed during the quarter

under consideration.

The Star Rates for the following items shall be as under

1. Cement .. Rs.NIL/- Per MT

2. Steel HYSD Rs. NIL/- Per Metric Tonne

TMT Cement Rs.NIL/- Per Metric Tonne

3. Bitumen (60/70 grade) Rs.NIL/- Per Metric Tonne (w.e.f.

K1 = Percentage of labour component as indicated above.

Lo = Basic consumer/price index for Nagpur/Akola Centre shall

be average consumer price index for the quarter preceding the

month in which the last date prescribed for receipt of tender falls.

L1 = Average Consumer Price Index for Nagpur Centre for the

quarter under consideration.

2. Formula for Materials Component : V2 = 0.85 P x K2 x M1 - Mo

100 Mo

Where, V2 = Amount of price variation in Rupees to be allowed for

Materials component.

P = Same as worked out for labour component.

K2 = Percentage of material component as indicated above.

Mo = Basic wholesale price index shall be average wholesale

price index for the quarter preceding the month in which to

the last date prescribed for receipt of tender falls.

M1 = Average wholesale price index during the quarter under

consideration.

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3.Formula for Petrol, Oil and Lubricant Component : V3= 0.85 P x K3 x P1 - Po

100 Po

Where,

V3 = Amount of price variation in Rupees to be allowed for

POL component.

P = Same as work out for labour component.

K3 = Percentage of Petrol, Oil and Lubricant Component.

Po = Average price of H.S.D. at Mumbai during the

quarter preceding the month in which the last date

prescribed for receipt of tender, falls.

P1 = Average price of H.S.D. at Mumbai during the quarter

under consideration.

4. Formula for Bitumen Component : V4 = QB (B1 – Bo)


Bitumen component.

QB = Quantity of Bitumen 60/70 Grade in metric tones used

in the permanent works and approved enabling works

during the quarter under consideration.

B1 = Current, average ex-refinery price per metric tonne of

Bitumen 60/70 Grade Under consideration

including taxes (Octroi, Excise, Sales Tax) during he


Bo = Star Rate Basic rate of Bitumen in rupees per metric

tonne as considered for working out value of P or

average ex-refinery price in rupees per metric tonne

including taxes (Octroi, Excise, Sales Tax) of Bitumen

for the grade of bitumen under consideration

prevailing quarter preceding the month in which the

last date prescribed for receipt of tender, falls,

whichever is higher.

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5. Formula for HYSD and Mild Steel Component :

V5 = So (Slı – Slo)

-------------------x T

Slo


HYSD/TMT Steel component.

So = Basic rate HYSD/TMT Steel in rupees per metric

tonne as considered for working out value of P

Slı = Average Steel Index published in the RBI Bullet in

during the quarter under Consideration

Slo= Average of Steel Index Published in the RBI Bulletin

for the quarter preceding the month in which to the

last date prescribed for receipt of tender, falls.

T = Tonnage of HYSD & Mild Steel used in the permanent

works for the quarter under consideration.

6. Formula for Cement Component : V6 = Co (Clı – Clo)

-------------------x T

Clo

Where,

V6= Amount of price escalation in Rupees to be allowed

for Cement component.

Co = Basic rate Cement in rupees per metric tonne as

considered for working out value of P

Clı = Average Cement Index published in the RBI Bullet in

for the quarter under Consideration

Clo= Average of Cement Index Published in the RBI

Bulletin for the quarter preceding the month in which

to the last date prescribed for receipt of tender, falls.

T = Tonnage of Cement used in the permanent works for

the quarter under consideration.

7. Formula for C.I/D.I.Pipe Component :

V7 = Qd (D1 – Do)

Where,

V7 = Amount of price escalation in Rupees to be allowed for

C.I./D.I.pipe component.

Do = Pig Iron basic price in rupees per tonne considered for

working out value of P

D1 = Average Pig Iron price in rupees as per tonne during the

quarter under considered

(published by ISCO)

Qd = Tonnage of C.I./DI. pipes used in the works during the


DELETED

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The following conditions shall prevail : i) The operative period of the Contract shall mean the period

commencing from the date of work order issued to the Contractor

and ending on the date on which the time allowed for the

completion of the works specified in the Contract for work expires,

taking into consideration the extension of time,

if any, for completion of the work granted by the Engineer under

the relevant clause of the Conditions of Contract in cases other

than those where such extension is necessitated on account of

default of the Contractor. The decision of the Engineer as regards

the operative period of the Contract shall be final and binding on

the Contractor. Where any compensation for liquidated damages is

levied on the Contractor on account of delay in completion or

inadequate progress under the relevant Contract provisions, the

price on account of default of the Contractor. The decision of the

Engineer as regards the operative period of the Contract shall be

final and binding on the Contractor. Where any compensation for

liquidated damages is levied on the Contractor on account of delay

in completion or inadequate progress under the relevant Contract

provisions, the price adjustment amount for the balance work from

the date of levy of such compensation shall be worked out by

pegging the indices L1, M1, C1, P1, B1, Sl1 and C1 to the levels

corresponding to the date from which such compensation is levied.

ii) This price variation clause shall be applicable to all

contracts in B-1, B-2 & C forms but shall not apply for piece

works. The price variation shall be determined during each quarter

as per formula given above in this clause.

iii) The Price Variation under this Clause shall not be payable

for the extra items required to be executed during the completion of

the work and also on the excess quantities of items payable under

the provisions of Clause 38/37 of the contract from B-1/B-2

respectively. Since the rates payable for extra items or the extra

quantities under Clause 38/37 are to be fixed as per current DSR or

as mutually agreed to yearly revision till completion of such work.

In other words, when the completion/execution of extra items as

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well as extra quantities under Clause 38/37 of the contract from B-

1/B-2 extends beyond the operative date of the D.S.R. then rates

payable for the same beyond the date shall be revised with

reference to the current D.S.R. prevalent at that time on year to year

basis or revised in accordance with mutual agreement thereon, as

provided for in the Contract, whichever is less.

iv) This clause is operative both ways, i.e. if the price variation

as calculated above is on the plus side, payment on account of the

price variation shall be allowed to the contractor and if it is on the

negative side, the Government shall be entitled to recover the same

from the Contractor and the amount shall be deductible from the

any amounts due and payable under the contract.

v) To the extent that full compensation for any rise or fall in

costs to the Contractor is not entirely covered by the provision of

this or other clauses in the contract, the unit rate and prices included

in the contract shall be deemed to include amounts to cover the

contingency of such other actual rise of fall in costs.

Clause 55 :-

A) The anti-malaria and other health measures shall be as

directed by the Joint Director (Malaria and Filaria) of

Health Services, Pune.

B) Contractor shall see that Mosquitogenic conditions are not

created so as to keep vector population for minimum level.

C) Contractor shall carry out anti malaria measures in the

area as per guidelines prescribed under National Malaria

(M & F) of health Services, Pune.

D) In case of a default in carrying out prescribed anti

malaria measures resulting in increase in malaria incidence

contractor shall be liable to pay to Government the amounts

spent by Govt. on anti malaria measures to control the

situation in addition on fine.

E) Relations with Public Authorities : The contractor

shall make sufficient arrangements for draining away the

sludge water as well as water coming from the bathing and

washing places and shall dispose off this water in such a

way as not to cause any substance. He shall also keep the

premise clean by employing sufficient number of sweepers.

The contractor shall comply with all rules, regulations,

bylaws and directions given from time to time by any local

or public authority in connection with this work and shall

pay fees or charges which are leviable on him without any

extra cost of Government. (Vide Govt. Circular No. CST-

1086/CR-243/Ka-Bldg-2/Mantralaya Mumbai 400032 dt.

11.8.87)

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Clause 56 :- A contractor shall comply with all the

provisions of the Apprentices Act. 1961 and the Rules and

Orders issued there under from time to time. If he fails to

do so, his failure will be a breach of the contract and the

Superintending Engineer may, in his discretion, cancel the contract.

The contractor shall also be liable for an pecuniary liability arising

on account of any violation by him of the provision of the (vide

Govt. Circular No. CST - 1086/CR-243 Ka-Building-

2/Mantralaya, Bombay-400 032, dated 11 Sept. 1987).

Clause 57 :- The tender rates are inclusive of all taxes, rates, and

cesses and are also inclusive of s leviable tax in respect of sale by

transfer of property in goods involved in the execution of a work

contract under the provision of Rule 58 Maharashtra Value added

Tax Act 2005, for the purpose of levy of Tax"

Clause 58 :- In case of materials which become surplus with the

contractors from those issued for the work contracted for the date of

ascertainment of the materials as being surplus will be taken as the

date of sale for the purpose of sales tax and sales tax will be

recovered on such sale.

Clause 59 :-Quality Assurance end Maintenance Manual:-

ANNEXURE “A” : (Annexure to the PWD, Circular No. CAT-

1091/CR-60-Bldg-2 Dt. 14th October 1991, regarding incorporating

additional condition for Quality Assurance and Maintenance

Manual).

To ensure the specified quality of work which will also include

necessary survey temporary works etc. the contractor shall prepare

a quality assurance plan and get, the same provided from the

Engineer-In-Charge within one month from the date of work order.

For this contractor shall submit an organisation chart of his

technical personnel to be deployed on the work alongwith their

qualification, job descriptions defining the functions of reporting

supervising inspecting and approving. The contractor shall also

submit a list of tools equipment and the machinery and

instrumentation which he proposes to use for the construction and

for testing in the field and/or in the Laboratory and monitoring.

The contractor shall modify/supplement the organisation chart

and the list of machinery/ equipment etc. as per the direction of

the Superintending Engineer and shall deploy the persons and

equipment on the fields as per the approved chart and the list

respectively. The Contractor shall submit written method statements

dealing his exact proposal of execution of the work in

accordance with the specification. He will have to get these

approved from the Engineer-In-Charge. The quality of the work

shall be properly documented through certificate, records, checks

list, and Log Book of results etc. such records shall be complied

from the beginning of the work and be continuously updated the

supplementary and this will be the responsibility of the contractor.

The forms should be got approved from the Executive Engineer-In-

Charge.

2)Where the work is to be done on lump-sum basis on

contractors designs. The contractor shall also submit a maintenance

manual giving procedure. For maintenance, with the periodicity of

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maintenance works including inspection tools of the equipments to

be used means of accessibility for all parts of the structure. He

shall also include in the manual, the specification for maintenance

works that would be appropriate for his design the technique of

construction. This manual shall be submitted within the contract

period.

Clause 60: It is obligatory on the part of agency to procure

R.C.C. pipe (ISI) marked) required for the work from the

M.S.S.I.D.C. only.The proof of such procurement like bill of

M.S.S.I.D.C. certification of the Divisional Manager M.S.S.I.D.C.

to that effect will have to be enclosed alongwith the bill pertaining

to the work concerned. The payment towards the procurement of

R.C.C. pipes and also items,

in which the use of R.C.C. pipes is contemplated would be released

only after fulfillment of the conditions, laid down as above.

Note : In case, provision of this form B-1 conflicts with those in

detailed cyclostyled provision and condition attached to this tender,

the detailed cyclostyled provision and condition would prevail over

those in this form.

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GENERAL CONDITIONS OF CONTRACT 1. DEFINITIONS

1.1 General

Dated

In this Contract including the Schedules the following words and expressions shall (unless the context requires

otherwise) have the meaning assigned to them in this Schedule.

"Agreement" The word "Agreement" and "Contract" has been used interchangeably.

EMD Earnest Money Deposit

“GoM” Government of Maharashtra

Party The word "party" means the Successful Bidder/Contractor to whom the

work of Outsourcing of MAIN BUILDING & ANNEX Circuit House with Circuit house

premises Amravati. For the period Five Months.

Client "Executive Engineer Public Works Department, Amravati.

Letter of Shall mean the intent of the Client to engage the successful bidder for

Acceptance (LoA) catering of food and non-alcoholic beverage services in its premises.

'Confidential Shall mean all information that is not generally known and which is

Information' obtained/received during the tenure of the contract and relates directly to the business /assets

of Client including the information having the commercial value.

1.2 CONFIDENTIALITY

1.2.1 The Contractor shall take all precautions not to disclose, divulge and / or disseminate to any third party

any confidential information, proprietary information on the Client's business or security arrangements

(including but not limited to the Assignment Instructions, Schedules and other subsequent Agreements) and/or

business of the Client. The obligation is not limited to any scope and the Contractor shall be held responsible

in case of breach of the confidentiality of Client's information.

1.2.2 If the Contractor receives enquiries from Press / News / Media/ Radio / Television or other bodies /

persons, the same shall be referred by the Contractor to Client immediately on receipt of such queries.

2. SIGNING OF CONTRACT AGREEMENT

2.1 The successful Bidder shall enter into contract and shall execute and sign the Contract Agreement in

accordance with the Articles of Agreement before commencement of the services.

2.2 The competent authority of the Client shall sign the Contract agreement and return a copy of the same to

the successful bidder.

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2.3 The Contractor shall be providing catering of food and non-alcoholic beverage services in Client's

premises as per the details given herein, or any other location as required by the Client to be read with the

Special Conditions of Contract, Assignment Instructions and Schedule of Requirements.

2.4 The Client shall pay the charges as agreed between the Client and the Contractor at the time of bidding

process. A schedule of charges shall be annexed to the Articles of Agreement after finalizing the amount

at the conclusion of Bidding process.

2.5 The Contractor shall provide catering of food and non-alcoholic beverage services in the Client's premises

to its entire satisfaction and it is the sole responsibility of the Contractor that the work is executed in all

respects in accordance with the Contractor's obligations.

3. COMMENCEMENT OF SERVICES

The Contract shall become legally binding and in force only upon:

3.1 Submission of Security Deposit

3.2 The Contractor shall commence of Outsourcing of VIP MAIN BUILDING & ANNEX Circuit House with

Circuit house premises Amravati. For period ……… in Client's premises within 10 days from the date of

receipt of Notice to Proceed

4. CONTRACTOR'S OBLIGATIONS

4.1 The Contractor shall provide services for Outsourcing of VIP MAIN BUILDING & ANNEX Circuit

House with Circuit house premises Amravati. at Client's premises as per Schedule of Work / Requirements

(Section 3) which may be amended from time to time by the Client during the Contractual period and it shall

always form part and parcel of the Contract. The Contractor shall abide by such assignments as provided by

the Client from time to time.

4.2 The Contractor shall provide Housekeeping, Catering of food and non-alcoholic beverage services through

its uniformed and trained personnel for the performance of its services hereunder and these personnel

deployed shall be employees of the Contractor only and the Client shall not in any manner be liable and all

statutory liabilities shall be paid for by the Contractor.

4.3 The Client shall have the right, within reason, to have any personnel removed who is considered to be

undesirable or otherwise and similarly the Contractor reserves the right to remove any personnel with prior

intimation to the Client, emergencies, exempted.

4.4 The Contractor shall cover its personnel for personal accident and death insurance while performing the

duty and the Client shall own no liability and obligation in this regard.

4.5 The Contractor shall exercise adequate supervision to ensure performance of catering of food and non-

alcoholic beverage services in accordance with Schedule of Requirements.

4.6 The Contractor shall issue identity cards / identification documents to all its personnel who will be

instructed by the Contractor to display the same.

4.7 The personnel of the Contractor shall not be the employees of the Client and they shall not claim any

salary or allowances, compensation, damages or anything arising out of their deployment/duty under this

Contract. The Contractor shall make them known about this position in writing before deployment under this

agreement.

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4.8 The Contractor shall also provide at its own cost all benefits statutory or otherwise to its personnel and the

Client shall not have any liability whatsoever on this account. The Contractor shall also abide by and comply

with the Labour laws, and Minimum Wages Laws, Contract Labour (Regulations Abolition Act) .

4.9 The Contractor shall provide minimum of two sets each of uniform to its personnel at its own cost.

4.10 Adequate supervision shall be provided to ensure correct performance of the services in accordance with

the prevailing requirements agreed upon between the two parties.

4.11 All necessary reports and other information shall be supplied immediately as required and regular

meetings will be held with the Client.

4.12 The Contractor shall not deploy any person below the age of 18 years old. Manpower engaged for the

purpose shall be pre-trained in requisite fields.

4.13 Contractor's Personnel

4.13.1 The Contractor shall at all times ensure that it has sufficient, suitable and qualified personnel to

supervise the Client’s premises at the Client’s Site and in sufficient number to undertake the responsibilities

imposed upon the Contractor under the Contract and to provide full attention for executing the work thereof.

4.13.2 The Contractor shall submit its Organisation Chart, showing therein the details of key personnel with

their full contact details. The Contractor shall also keep informing the Client of any change in its organization

or its personnel.

4.13.3 The personnel engaged by the Contractor shall be dressed in neat and clean uniform (including proper

name badges).

5. CONTRACTOR'S LIABILITY

5.1 The Contractor shall completely indemnify and hold harmless the Client and its employees against any

liability, claims, losses or damages sustained by it or them by reason of any breach of contract, wrongful act or

negligence by the Contractor or any of its personnel engaged for providing Housekeeping and catering of food

and non-alcoholic beverage services to the Client.

5.2 The Contractor shall not be liable in any way whatsoever and the Client hereby expressly waives any right

to, any loss, injury, damage, cost or expense of whatsoever nature directly or indirectly:

5.2.1 Caused by, resulting from or in connection with any Act of Terrorism or any Biological or Chemical

Contamination or any Nuclear Risks;

5.2.2 consisting of, caused by, resulting from or in connection with any loss, damage, destruction, distortion,

erasure, corruption or alteration of Electronic Data from any cause whatsoever (including but not limited to

Computer Virus) unless such loss, damage, destruction, distortion, erasure, corruption or alteration of

Electronic Data was due to the negligence or default of the Contractor or any of its personnel engaged for

providing Housekeeping and catering of food and non-alcoholic beverage services to the Client.

5.3 The Contractor shall not Sub-Contract or Sub-let, transfer or assign the contract or any other part thereof.

In the event of the contractor contravening this condition, Client shall be entitled to place the contract

elsewhere on the contractors risk and cost and the contractor shall be liable for any loss or damage, which the

Client may sustain in consequence or arising out of such replacing of the contract.

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6. CLIENT'S OBLIGATIONS

6.1 The Client shall comply with and fulfill the recommendations (if any), if deemed necessary by the Client,

made in writing by the Contractor in connection with the performance of the Services. The Client shall notify

the Contractor of any dishonest, wrongful or negligent acts or omissions of the Contractor's personnel or

agents in connection with the Services as soon as possible after the Client becomes aware of them.

6.2 To enable the Contractor to provide Housekeeping and catering of food and non-alcoholic beverage

services, the Client shall ensure that their staff is available to provide such assistance.

6.3 The Client shall not be under any obligation for providing empanelment to any of the personnel of the

Contractor after the expiry of the contract. The Client does not recognize any employee-employers

relationship with any of the workers of the Contractor.

(7) Conflicting relationships

(i) the Contractor have an obligation to disclose any situation of actual or potential conflict that impacts their

capacity to serve the best interest of the department or that may reasonably be perceived as having this effect.

failure to disclose said situations may lead to the disqualification of or the termination of its Contract.

(8) Fraud and Corruption.

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value to influence improperly the action of another party i.e. public official ;

(ii) “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or

recklessly misleads or attempts to mislead, a party to obtain financial or other benefit or to

avoid an obligation

(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an

improper purpose, including to influence improperly the actions of another party

(iv) “coercive practice” is impairing or harming or threatening to impair or harm directly or indirectly

any party or the property of the party to influence improperly the actions for a party.

(v) “Obstructive practice “ is

(aa) deliberately destroying falsifying, altering or conceasling of evidence material to he

invesrigation or making false statements to investigation in order to materially impede a Bank

inverstgation into allegations of a corrupt, frauduent, coercive, of collusive practice and / or

threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of

matters relevant to the investingation or from pursuing the investigation, or

(bb) acts intended to materially impede the exercise of the Bank’ inspection and audit rights

provided for under paragraph 1.7.1 below

(b) will reject a proposal for award if it determines that the contractor recommended for award has directly or

through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practies in competing

for the contract in question

(c) will cancel the contract if it determines at any time that the contractor were engaged in corrupt, fraudulent,

collusive, or coercive practices during the execution of that contract.

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(9) Liability of contractor for any damage done in or outside work area

Compensation for all damages done intentionally or unintentionally by contractor's labour whether in or

beyond the limits of Government shall be estimated by the Engineer-in-charge or such other officer as he

may appoint and the estimates of the Engineer-in-charge subject to the decision of the Superintending

Engineer on appeal shall be final and the contractor shall be bound to pay the amount of the assessed

compensation on demand, failing which, the same will be recovered from the contractor as damages &

will be deducted by the Engineer-in-charge from any sums that may be due or become due from

Government to the contractor under this contract or otherwise.

The contractor shall bear the expenses of defending any action or other legal proceedings that may be

brought by any persons for injury sustained by him owing to neglect of precautions to prevent the spread of

fire and he shall pay any damages and cost that may be awarded by the court in consequence.

(10) Direction and control of the Executive Engineer

All works to be executed under the contract shall be executed under the direction and subject to the

approval in all respects of the Executive Engineer, of the Division, for the time being, who shall be

entitled to direct at what point or points and in what manner they are to be commenced , and from time

to time carried on

(11) Direction and control of the Executive Engineer

Except where otherwise specified in the contract and subject to the powers delegated to him by Govt. under

the code, rules then in force. The decision of the Executive Engineer of the Division for the time being shall

be final, conclusive, and binding on all parties to the contract upon all questions relating to the meaning

clauses, and instructions here in before mentioned and as to the quality of workmanship or materials used

on the work, or as to any other question, claim, right, matter, or things whatsoever, if any way arising out of,

or relating to the contract, instructions, orders, or other conditions or otherwise concerning the works, or the

execution or failure to execute the same, whether arising during the progress of the work or after the

completion or abandonment thereof.

(12) Compensation under the workmen's compensation act.

The contractor shall be responsible for and shall pay compensation to his workmen payable under the

Workman’s Compensation Act 1923 (VIII th of 1923) (hereinafter called the said act) for injuries caused to

the workmen. If such compensation is payable/paid by the Government as principal under subsection (1) of

section 12 of the said Act on behalf of the contractor it shall be recoverable by Government from the

contractor under subsection (2) of the said section. Such compensation shall be recovered in the manner laid

down in clause 1 above.

(12) A :- The contractor shall be responsible for and shall pay the expenses of providing medical aid to any

workmen who may suffer a bodily injury as a result of an accident. If such expenses are incurred

by Government the same shall be recoverable from the contractor forthwith and be deducted

without prejudice to any other remedy of Government from any amount due or that may become

due to the contractor.

(12) B- :- The contractor shall provide all necessary personnel safety equipment and first aid apparatus

available for the use of the persons employed on the site, and shall maintain the same in

condition suitable for immediate use at any time and shall comply with the following regulations

in connection therewith:-

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(a) The workers shall be required to use the equipment so provided by the contractor and the

contractor shall take adequate steps to ensure proper use of the equipment by those

concerned.

(b) When work is carried on in proximity to any place where there is a risk of drowning all

necessary equipment shall be provided and kept ready for use and all necessary steps shall

be taken for the prompt rescue of any person in danger.

Adequate provision shall be made for prompt first-aid treatment of

all injuries likely to be sustained during the course of the work.

12(C) - The contractor shall duly comply with the provisions of "The Apprentices Act 1961 (III of 1961), the

rules made there under and the orders that may be issued from time to time under the said Act and the

said rules and on his failure or neglect to do so, he shall be subject to all the liabilities and penalties

provided by the said act and said rules.

13 Minimum age of persons employed, the employment of donkeys and/or other

animals and the payment of fair wages

(i) No contractor shall employ any person who is and the payment person who is under the age of 18

years.

(ii) The Engineer-in-charge or his agent is authorised to remove from the work any person or animal

found working which does not satisfy these conditions and no responsibility shall be accepted by

Government for any delay caused in the completion of the work by such removal.

(iii) The contractor shall pay fair and reasonable wages to the workmen employed by him in the contract

undertaken by him. In the event of any dispute arising between the contractor and his workmen on

the grounds that the wages paid are not fair and reasonable, the dispute shall be referred without

delay to the Executive Engineer who shall decide the same. The decision of the Executive Engineer,

shall be conclusive and binding on the contractor but such decision shall not in any way affect the

conditions in the contract regarding the payment to be made by Government at the sanctioned

tender rates.

(vi) Contractor shall provide drinking water facilities to the workers. Similar amenities shall be provided

to the workers engaged on large work in urban areas.

(v) Contractor to take precaution against accidents which take place on account of labour using loose

garments while working near machinery.

(14) Method of payment

Payment to Contractor shall be made by cheque drawn on any treasury within the division convenient

to them, provided the amount exceeds Rs.10. Amount not exceeding Rs.10 will be paid in cash

(15) Any contractor who does not accept these conditions shall not be allowed to tender for works

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(16) " The tender rates are inclusive of all taxes, rates cesses and are also be inclusive of the tax livable in respect of

transfer of property in goods involved in the execution of a work contract under the provisions of rule 58 of

the Maharashtra Value Added Tax Act 2005 for the purpose of levy of Tax.

(17) The rates to be quoted by the contractor must be inclusive of Service Tax. No extra payment on this

account will be made to the contractor.

(18) The contractor shall employ unskilled labour to be employed by him on the said work only from locally

available labours and shall give preference to those persons enrolled under Maharashtra Government

and Self Employment Department’s Scheme

Provided, however, that if the required unskilled labour are not available locally, the contractor shall in the first

instance employ such number of persons as is available and thereafter may with previous permission in writing

of the Executive Engineer-in-charge of the said work, obtain the rest of his requirement of unskilled labour from

out side the above scheme.

(19) The contractor shall pay the labourers (skilled and unskilled) according to the wages prescribed by the

Minimum Wages Act of 1948 applicable to the area in which the work of contract is located. The

contractor shall comply with the provision of the Apprentices Act 1961 and the rules and orders issued

there under from time to time, if he fails to do so his failure will be a breach of the contract and

Superintending Engineer, may in his discretion may cancel the contract, The Contractor shall be

liable, for any precautionary liability, arising on account of any violation bt him of the provision of

Act.

The contractor shall pay labourers skilled and unskilled according to the wages prescribed by the

Minimum Wages Act of 1948 applicable to the area in which work lies.

(20) Work to be executed in accordance with, orders, etc.

The contractor shall duly comply with all the provisions of the Contract Labour (Regulation and Abolition)

Act 1970, (37 of 1970) and the Maharashtra Contract Labour (Regulation and Abolition ) Rules, 1971 as

amended from time to time and all other relevant statutes and statutory provision concerning payment of

wages particularly to workmen employed by the contractor and working on the site of the work. In particular

the contractor shall pay wages to each worker employed by him on the site of the work at the rates prescribed

under the Maharashtra Contract Labour (Regulation And Abolition) Rules 1971. If the contractor fails or

neglects to pay wages at the said rates or makes short payment and the Government makes such payment of

wages in full or part thereof less paid by the contractor, as the case may be, the amount so paid by the

Government to such works shall be deemed to be an arrears of land revenue and Government shall be entitled

or deduct the same from the amount payable by the Govt. to the contractor here under or from any other

amounts payable to him by the Government.

21 - Work to be executed in accordance with specifications, Drawings, orders, etc.

The contractor shall execute the whole and every part of the work in the most substantial and workmanlike

manner, and both as regards materials and every other respect in strict accordance with specifications. The

contractor shall also conform exactly, fully and faithfully to the designs, drawings and instructions in writing

relating to the work assigned be by the Junior Engineer- in-charge of the rest house or deputy Engineer in

charge of the rest house.

Alterations in specifications and designs not to invalidate contracts

The Junior Engineer- in-charge of the rest house or deputy Engineer in charge shall have power to make any

alterations in or additions instructions that may appear to him to be necessary or advisable during execution,

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and the contractor shall be bound to carry out the work in accordance with any instructions in this connection

which may be given to him And if the additional and altered work includes any class of work for which no rate

is specified in this contract ,then such class of work shall be carried out at the rates mutually agreed upon

between the Engineer-in-charge and contractor which ever are lower.

22. VALIDITY OF CONTRACT

The contract, if awarded, shall be initially for a period of Ten Months from the date of award subject to

continuous satisfactory performance monitored by Executive Engineer Public Works Division,Amravati. In

case of breach of Contract or in the event of not fulfilling the minimum requirements / statutory requirements,

the Client shall have the right to terminate the contract forthwith in addition to forfeiting the Security Deposit

amount deposited by the contractor and initiating administrative actions for black listing etc. solely at the

discretion of the competent authority of the office of the Client. The period of three years can be further

extended, subject to satisfactory services at the sole discretion of the office of the Client.

(22.1) RATE FOR RENEWABLE PERIOD

Rates for renewable period at the rates (i) derived from the rates entered in the current schedule of rates and in

the absence of such rates (ii) at the rate prevailing in the market the said rates being increased or decreased as

the case may be, by the percentage which the total tendered amount bears to the estimated cost of the work as

put to tender, based upon the schedule of rates applicable to the year in which the tenders were invited.

(For the purposes of operation of this clause, this cost shall be taken, as arrived at CSR 2017-18 for Amravati

District)

23. PAYMENTS

23.1 After selection of the Successful bidder as Contractor, a price schedule shall be annexed to the Articles of

Agreement according to which all payments shall be made to the Contractor by the Client for the House

Keeping, Front Office Management, Reception and catering and Laundry Services & Allied Services.

23.2 The prices in the Price Schedule shall be inclusive of any service tax, education cess, secondary and

higher education cess or any other applicable taxes as may be levied by the Government from time-to-

time on service contracts.

23.3 The Contractor shall raise invoice @ accepted rate, per month and submit the same to Client by 5th of

every following month. The Client shall make all endeavour to make payments within 15-20 days from

the date of the receipt of the invoice to the Contractor.

23.4 The cost of the Contract shall remain valid for a period of Ten Month.

23.05 After expiry of the initial period of Ten Months, if the contractor shall if ordered in writing by the

Executive Engineer, to carry out the continue on the same conditions as and in accordance with

specifications in the tender and at the rates (i) derived from the rates entered in the current

schedule of rates and in the absence of such rates (ii) at the rate prevailing in the market the said rates

being increased or decreased as the case may be, by the percentage by which the tender is accepted.

23.6 In addition to the Contract payments, the Client shall pay for any additional services required by the

Client, which are not specified in the Contract. .

23.7 All payments shall be made in Indian Currency by means of Bank ECS/Account Payee Cheque.

23.8 Client shall be entitled to deduct in accordance with Applicable Law, Income Tax or withholding tax or

other deductions (as the case may be), from any payments made to the Contractor, and the amount so

deducted shall be deemed to be a payment made to the Contractor. Client shall provide a certificate

certifying the deduction so made.

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23.9 No payment shall be made in advance nor any loan from any bank or financial institution recommended

on the basis of the order of award of work.

24. FORCE MAJEURE - OBLIGATIONS OF THE PARTIES

24.1. "Force Majeure" shall mean any event beyond the control of Client or of the Contractor, as the case may

be, and which is unavoidable notwithstanding the reasonable care of the party affected, and which

could not have been prevented by exercise of reasonable skill and care and good industry practices and

shall include, without limitation, the following:

(i) War, hostilities, invasion, act of foreign enemy and civil war;

(ii) Rebellion, revolution, insurrection, mutiny, conspiracy, riot, civil commotion and terrorist acts;

(iii) Strike, sabotage, unlawful lockout, epidemics, quarantine and plague;

(iv) Earthquake, fire, flood or cyclone, or other natural disaster.

As soon as reasonably practicable but not more than 48 (forty-eight) hours following the date of

commencement of any event of Force Majeure, an Affected Party shall notify the other Party of

the event of Force Majeure setting out, inter alia, the following in reasonable detail:

24.2 the date of commencement of the event of Force Majeure;

24.3 the nature and extent of the event of Force Majeure;

24.4 the estimated Force Majeure Period,

24.5 reasonable proof of the nature of such delay or failure and its anticipated effect upon the time for

performance and the nature of and the extent to which, performance of any of its obligations under the

Contract is affected by the Force Majeure.

24.6 the measures which the Affected Party has taken or proposes to take to alleviate/mitigate the impact of

the Force Measure and to resume performance of such of its obligations affected thereby.

24.7 any other relevant information concerning the Force Measure and / or the rights and obligations of the

Parties under the Contract.

25. TERMINATION

This Contract may be terminated forthwith by either party by giving written notice to the other if:

25.1 The other party is in material breach of its obligations under this Agreement and / or, in the case of such

breaches capable of being remedied, fails to remedy that breach within thirty days of receiving notice of

such breach.

25.1.1 The Executive Engineer will assess the performance and make necessary recommendations either to

continue the mentioned contract with rectification of defects if any or to cancel the contract. He will

also be responsible for making recommendations for continuation of contract after every Eight Months.

25.2 The Contract may be terminated forthwith by the Client by giving written notice to the Contractor, if:

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25.2.1 In case of breach of any of terms and conditions of the Contract by the Contractor, the Competent

Authority of the Client shall have the right to cancel the Contract without assigning any reason thereof,

and nothing will be payable by the Client and in that event the security deposit shall be forfeited and

encashed.

25.2.2 the Contractor does not provide House Keeping, Front Office Management, Reception and Catering

and allied services satisfactorily as per the requirements of the Client or / and as per the Schedule of

Requirements

25.2.3 the Contractor goes bankrupt and becomes insolvent.

26. DISCLAIMER

The relatives / near relatives of employees of the Client are prohibited from participation in this bid. The near

relatives for this purpose are defined as:

(a) Members of a Hindu Undivided Family.

(b) Their husband or wife.

(c) The one is related to the other in the manner as father, mother, son/s), son's wife (daughter-in-law),

daughter(s) & daughter's husband (son-in-law), brother(s) & brother's wife, sister(s) and sister's

husband (brother-in-law)

27. INSOLVENCY

27.1 The competent authority of the office of the Executive Engineer Public Works Division, may at any time

by notice in writing summarily terminate the contract without compensation to the contractor in any of

the following events, that is to say:-

If the contractor being an individual or if firm, any partner in the contractor's firm, shall at any time be

adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him

or shall take any proceedings for liquidation or composition under any insolvency not for the time being in

force or shall make any convenience or assignment of his efforts or enter into any arrangements or

composition with his creditors or suspend payment of if the firm be dissolved under partnership act, or

i) If the contractor being a company shall pass a resolution or the court shall make an order for the

liquidation of the affairs or a receiver of Manager on behalf of the debenture holder shall be

appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint

a receiver or Manager.

ii) If the contractor commits any breach of this contract not herein specifically provided for: Provided

always that such determination shall not prejudice any right of action or remedy which shall have

accrued or shall accrue thereafter to the Client and provided also that the contractor shall be liable to

pay the Client for any extra expenditure, he is thereby put to but shall not be entitled to any gain.

28. CURRENCIES OF BID AND PAYMENTS

13.1 The Bidder shall submit his price bid / offer in the form of percentage below/above the estimated cost.

and payments under this contract will be made in Indian Rupees.

29. GOVERNING LAWS AND SETTLEMENT OF DISPUTE

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14.1 Any claims, disputes and or differences (including a dispute regarding the existence, validity or

termination of this Contract) arising out of, or relating to this contract including interpretation of its terms shall

be resolved through Superintending Engineer of Circle. However, if the disputes are not resolved by the

discussions as aforesaid within a period 30 days, then the matter will be referred Chief Engineer.

14.2 Jurisdiction of Court: This Contract is governed by the laws of Republic of India and shall be subject to

the exclusive jurisdiction of the courts in Maharashtra in Amravati only. .

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SPECIAL CONDITIONS OF CONTRACT

1. The special conditions of Contract shall supplement the "Instructions to the Bidders" as General

Conditions of the Contract (GCC) as contained in Section 3.

2. INDEMNIFICATION:

The successful bidder is solely liable to fully indemnify and keep Client indemnified against all

loses/penalties/awards/decrees arising out of litigation/claims/application initiated against the Client on

account of acts of omission/commission attributable to the Contractor and which are punishable under the

provisions of various Central Labour and Employment Acts as amended from time to time. Client shall be

vested with sole discretion to determine damages/ loss suffered on account of above from the dues payable

from security deposit as performance Guarantee or from either the personal property of bidder or property

owned by his firm/company by way of initiating suitable legal litigation against the Contractor at any point of

time.

3. LABOUR LAW COMPLIANCES

3.1 The engagement and employment of labourers and payment of wages to them as per existing provisions of

various labour laws and regulations is the sole responsibility of the Contractor and Client shall not incur any

liability or additional expenditure whatsoever for personnel deployed.

3.2 The contractor shall be liable for any legal dispute / case / claims that arises or may arise during currency

of the contract due to non-compliances of labour or other related laws.

3.3 The contractor shall be responsible for compliance of all the laws rules/regulations and Govt. instructions

that are/will be applicable to and aimed to protect the interest of the employees/worker engaged by it and shall

ensure payment of all the statutory dues/liabilities as may have arisen during the past 'or' may arise during the

course of performance of contract.

4. OFFICIAL RECORDS:

4.1 The Contractor shall maintain complete official records of disbursement of wages / salary, in respect of all

the staff deployed in Client's office.

4.2 The Contractor shall maintain a personal file in respect of all the staff who is deployed in Client's office.

The personal file shall invariably consist of personal details such as name, address, date of birth, sex,

residential address (Temporary / Permanent) and all grievances recorded by the staff vis-a-vis action taken etc.

4.3 The Contractor shall also prepare a register indicating all payments / dues in respect of all the personnel.

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5. CODE OF CONDUCT:

The Contractor shall strictly observe that its personnel:

Are trained in and exhibit international manners and etiquettes

Are always smartly turned out and vigilant.

Are punctual and arrive at least 15 minutes before start of their duty time .

Take charges of their duties properly and thoroughly.

Perform their duties with honesty and sincerity.

Read and understand their post and site instructions and follow the same.

Extend respect to all Officers and staff of the office of the Client.

Shall not drink alcohol while on duty, or come drunk and report for duty.

Will not gossip or chit chat while on duty.

Will never sleep while on duty post.

Will not read newspaper or magazine while on duty.

Will immediately report if any untoward incident misconduct or misbehavior occurs, to Vendor

Control and the Client.

When in doubt, approach concerned person immediately.

Get themselves checked by security personnel whenever they go out.

Do not entertain visitors.

Shall not smoke in the office premises.

Report any suspicious activity having security implication to the Client’s representative at site.

5.1 CONFIDENTIALITY

The phone number and movement plans of the client shall not be given to anyone.

The following information about the client shall not be given to anyone.

o Car make, color and number of any officer(s)/official(s).

o Telephone no/ any other information.

o Location and movement plans.

o Meetings and conference schedules.

o Site plan of the premises.

o Travel details of the clients.

o Assets of the office.

5.2 FRISKING/ CHECKING PROCEDURES

All contractor’s staff will be thoroughly frisked at the time of entry and their leaving the office premises.

6.A. PERIOD OF THE CONTRACT:

The contract shall remain valid for a total period of 10 months from the date of issue of work order

The contract can be terminated by the Executive Engineer for unsatisfactory performance as

against the performance standards prescribed after giving an opportunity to the contractor. The

decision of the Executive Engineer shall be final in this regard.

In case of deficiency of service the Executive Engineer may at any time terminate the agreement. In the

event of such cancellation, security deposit amount of the contractor will be forfeited to the Government apart

from any other liquidated damages that may be due. The decision of Executive Engineer shall be final in the

matter. .

The Contract is terminable after giving at least three months notice in writing with reasons from either side in

the normal course.

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7. The persons deployed by the Contractor should be properly trained, have requisite Experience and

skills for carrying out a wide variety of housekeeping work using appropriate materials and tools/equipments.

8. The Contractor should ensure the Health and safety measures of the employees. Government may also

conduct health check up of the staff deployed at regular intervals.

9. The Contractor will be responsible for supply/ installation/refilling/maintenance of All such

items/equipments used in wash rooms and other areas for housekeeping purposes provided by the Clint.

10. The Contractor must employ adult and skilled labour only. Employment of child labour will lead to

the termination of the contract. The Contractor shall engage only such workers, whose antecedents have been

thoroughly verified, including character and police verification and other formalities. The Contractor shall be

fully responsible for the conduct of his staff.

11. In case of breach of any terms and conditions attached to the contract, the Security Deposit of the

Contractor will be liable to be forfeited by Government besides annulment of the contract.

12. The Contractor must provide standard liveries to its housekeeping staff/supervisors/managers. The

staff shall be in proper uniform as approved by GoM and with their identity properly displayed. Samples of

liveries will have to be submitted by the Contractor for approval of Executive Engineer.

13. Government will provide space at free of cost for a store room to the Contractor in the premises. The

storekeeper/supervisor deployed by the contractor will store all their liveries, materials, equipments in the

store room

14. Government will ensure that the office rooms, committee rooms, etc. are open at designated hours for

cleaning/housekeeping work.

15. The Contactor shall:

a. Provide tissues boxes and hand towels in Officers rooms.

b. Provide toiletries, liquid soap dispensers, toilet roll dispensers, etc. in wash rooms, toiletries, C-Fold Towel

dispensers, Jumbo Roll dispensers, Soap dispensers etc. in all designed wash rooms and garbage bins/bags,

etc. in all work station wash rooms and pantries.

c. Arrange for garbage disposal bins and other material required for segregation and disposal of waste in a

professional manner.

e. Provide Waste Management Services when applicable including all equipment, disposables containers,

trolleys etc. complete in all respects.

Variations

The Government official incharge may order variations in the scope or quantum of work through a written

variation order. The payment for the variation shall be worked out on the basis of contract rates for personnel

and prorate for additional areas for equipments, toiletries etc.

Payment Procedure:

Bill will be raised in the first week of the succeeding month in triplicate.

Liquidated damages:

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Whenever and wherever it is found that the cleanliness is not up to the mark, it will be brought to the notice of

the supervisory staff of the Contractor by Executive Engineer and if no action is taken within ONE hour,

liquidated damages @ ` 500/- per complaint shall be imposed. The decision of Superintending Engineer in

charge shall be final, in this regard.

Manpower

a. Any misconduct/misbehavior on the part of the manpower deployed by the contractor will not be tolerated

and such person will have to be replaced by the contractor at his own costs, risks and responsibilities

immediately.

b. The Contractor should ensure to maintain adequate number of personnel and also arrange a pool of stand by

housekeeping staff/supervisor. in case any housekeeping staff/supervisor absences from the duty, the reliever

of equal status shall be provided by the Contractor from an existing pool of housekeeping staff. In case if

suitable substitute is not provided by the contractor, the amount equal to 350/- Per absentee per day will be

deducted from the payment due to contractor in his monthly payment.

Materials

Any deviation in the material quality and quantity quoted will invoke penalty as decided by the competent

authority. For proper maintenance, suitable cleaning material which are environment friendly, no harmful to

humans and property should be used.

Risk Clause

The Contractor shall at all times have standby arrangements for carrying out the work under the Contract in

case of failure of the existing arrangement.

Executive Engineer, reserve the right for termination of the contract at any time by giving one month

Written notice, if the services are found unsatisfactory and also has the right to award the contract to

any other selected tenderers at the cost, risk and responsibilities of Contactor and excess expenditure

incurred on account of this will be recovered by GoM from the Contractor Security Deposit or pending

bill or by raising a separate claim.

• Contractor and its staff shall take proper and reasonable precautions to preserve from loss, destructions,

waste or misuse the areas of responsibility given to them by the Government and shall not knowingly lend to

any person or company any of the effects or assets of the Government under its control.

• In the event of loss/damage of equipments etc. at the premises of the Government due to

negligence/carelessness of Contractor staff, if established after a joint enquiry, then the Contractor shall

compensate the loss to Government. within one week or as instructed by Executive Engineer or his

subordinate.

• The Contractor or its representative/s shall meet Executive Engineer regularly to take feedback regarding the

Housekeeping services. The Contractor will also maintain a suggestion book for comments on the services

rendered by it.

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• The Contractor shall, in performing its part of this Agreement, ensure the safety of the building and the

persons working in or visiting the Government's premises and shall indemnify Government for any loss or

damage caused by any act of the Contractor or its employees or staff etc.

• The Contractor shall not assign or sublet this Agreement or any part thereof to any third part without the

approval of the Government. However, he may use the services of associates for providing the services in

which case the contractor shall be responsible for the performance and all acts of the associates as though they

were his own.

• In every case the Contractor shall make alternative arrangements for meeting his contractual responsibilities

of the Sub Contractor/Associate.

• Measure of success will be based on the feedback from External Customers will be recorded and be

submitted by the Contractor.

• Appointment of Facility Manager will be done in consultation with Executive Engineer and must be

approved by them.

• Training on behavior aspects and ethics must be done regularly. Government's ways of working should be

communicated to all contract staff. Training report of the same must be submitted once in a month.

Dispute Settlement:

It is mutually agreed that all differences and disputes arising out of or in connection with this Agreement shall

be settled by mutual discussions and negotiations if such disputes and differences cannot be settled and

resolved by discussions and negotiations then the same shall be referred to the Superintending Engineer of

Circle whose decision shall be final and binding on both the parties.

Resources Requirement

The Contractor should have following manpower for operation.

Number of Manpower to be deployed / Daily

SR.NO DESCRIPTION OF ITEM No of Unit

1 Providing Services as Cook in the Kitchen 01

2 Providing Services as Kitchen Assistant in the Kitchen 02

3 Providing Services as Utility men in the Kitchen 03

4 Providing Services as Room boys( Waiters) 10

5 Providing Services as Supervisor 02

6 Providing Services as House Keepers 18

7 Providing Services as Campus Cleaner 03

8 Receptionist 03

9 Waterman 02

Note :- If during the operative period of the Contract (including renewal period ) Contractor needs to

deployed extra manpower according to situation such as VIP’s and / or VVPI’s program / stay

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in the Circuit House before taking prior permission of Engineer in charge. The payment of extra

manpower deployed by the contractor shall be paid separately as per sanction of Engineer in

charge.

List of Cleaning Materials (Quantity Per Month)

Sl.No. Items Qty.

1. Hygienic Surface cleaner 36 Ltr

2. Glass Cleaner 9 Ltr

3. Soft Broom 18 Nos

4. Hard Broom 18 Nos

5. Spray Bottle 36 Nos

6. Toilet Bowl Cleaner 9 Ltr

7 Bathroom Cleaner 18

8 Toilet Hyem Bands 324

9 Toilet Roll 15.3

10 Dust Bin Bag 72 Nos

11 Hand Gloves 36 Nos

12 Mask 18 Nos

13 Plastic Brush 18 Nos

14 Nylon Scrubber 36 Nos

15 Steel Scrubber 36 Nos

16 Duster Cloth 72 Nos.

Note -

The required quantities of cleaning material and aids for the month shall be procured and shall be stored in the

store room and issue to the staff daily as required. Computerized records shall be maintained which shall be

opened to inspection by GoM staff during working hours.

Covered trolleys, Dustbins, dustpan, mops, buckets, wipers, gloves, dusters, scrubbers, sponge, brooms,

brushes, safety gear etc. to be provided by the Contractor as required.

House Keeping Service

The aim and objective is to provide a high level of a clean, hygienic and presentable look to the entire area.

Pre designated managers / supervisors of the contractor will supervise the awarded work. The contractor has to

ensure that the staff deployed is dressed in neat and clean uniform approved by the officials. Executive

Engineer will monitor the entire work and staff deployed by the selected tenderers.

(a) Daily services

Housekeeping / cleaning services should be done daily 7-days a week at regular intervals, so that the

areas covered under the contract remain, spic and span all the time, working hours should be adjusted in such a

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manner that cleaning work do not cause inconvenience to the guests. Contractor will arrange manpower for

special VIP visits.

1. Cleaning, dusting, vacuuming and disinfecting of floors, walls and ceilings, removal of waste and any other

garbage from the entire area covered under the contract ( such as halls, conferences rooms, committee rooms,

office rooms, cabins, cubicles, etc. ).

2. Sweeping, cleaning, mopping with disinfectant cleaner of area covered under the contract including all

staircases, cabins, lobbies, reception, training rooms, office rooms, meeting rooms, security office and other

areas as covered in the contract.

3. Cleaning of baskets, wastepaper baskets, cob-webs, etc. and disposing off all the collecting refuse at

designated site on daily basis.

4. Dusting of computer systems and their peripherals, all doors and windows, furniture, fixtures, fans,

equipments, accessories etc. and cleaning of all window glasses and grills. Cleaning and dusting of window

panes / Venetian blinds/curtains.

5. Spraying Room Fresheners in all rooms on a daily basis at regular intervals.

6. Scrubbing / cleaning of toilets, wash basins, sanitary fittings, glasses, toilets, floors, etc.

7. Cleaning and disinfecting all vitreous fixtures including toilets, bowls, urinals, sinks, toilet seats, containers

etc. Brush thoroughly to include below water level and under rims including areas at hinges and cistern

handles. Re-stock toiletries, which include liquid hand soap, toilet rolls, air fresheners, sanitary cubes,

naphthalene balls in toilets, etc. after daily check-ups in the morning, afternoons and on call basis during

daytime.

8. Cleaning and dusting of electrical switchboards, light fixtures, fans, air conditioner vents, overhead light

fixtures, projectors, fire-fighting equipments, nameplates, plant boxes, doormats etc.

9. Placing garbage bags in all garbage bins to avoid stains and stinks and clear them on daily basis.

10. check and remove hairs, dust, dirt or any such object from anywhere in area covered under the contract.

11. Cleaning, dusting, scrubbing of pantries, reception, security rooms, training halls, committee rooms,

computer labs, etc.

12. Cleaning of all open areas between the building and boundary including sweeping of roads, lawns, paths,

cleaning open drains etc. as directed by the Additional Resident Commissioner.

(b) Waste Disposal Management

The contractor will ensure collection, mechanized screening / segregation of dry and wet garbage in the

earmarked area. The contractor will also ensure segregation of bio degradable and non bio degradable garbage.

Finally, the contractor will arrange to suitably transport and dispose garbage from the earmarked area to the

nearest corporation bin outside each premise.

The contractor shall keep suitable size and specification bins at the collection area.

The contractor will employ his staff for the collection / disposal work. The garbage will have to be disposed

off at least twice a day. The contractor will also arrange for the garbage bags, prepare a flowchart indicating

the method of collection / disposal, etc.

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(c) Weekly Services

The deep cleaning of the entire area will be done by the contractor once a week as under:-

1. Dusting of entire area including windows / windowpanes / doors / ledges, etc.

2. Thorough cleaning / sweeping / washing / mopping with disinfectant cleaners of all floors, staircases and

toilets. Scrubbing of all floors and ceramic tiles base. Cleaning of ceiling and high walls, removal of wash

stains on walls, cleaning of roofs, porches etc.

3. Cleaning of sanitary fittings, toilets drain pipes etc. in the toilets with standard cleaning material.

4. Cleaning of all windows glasses and grills with detergents / cleaning agents.

5. Washing of outside area with High Pressure Jet Machine.

6. Clean all chrome fittings, glass frames, soap holders etc. to a shiny finish.

7. The Tenderer will make a cleaning programme and submit to GoM for weekly cleaning so that GoM’s

concerned official / Incharge for the particular area can be deputed on the day of cleaning to make the area

available and supervise the cleaning work.

8. The contractor will work in the specified area mentioned in the scope of work.

9. The contractor will provide the duty register to GoM as required.

(e) Housekeeping Monitoring and Control

For better management and smooth services the following monitoring mechanism will be adopted by the

contractor.

1. Toilets Checklist

This is to be attached on the back of the toilet door. It is to be filled up by the contractor

supervising staff on duty daily.

2. Management / Housekeeping Service Requirements / Complaints Report

This is to be filled up by the management and administrative staff of the contractor who receive / observe the

complaints / requirements for any of the services. All suggestion, complaints related to services or staff

deployed by the contractor will be registered at the on the computer provided to the contractor and reported to

caretaker. The contractor will take immediate action to resolve the same failing which the penalty clause will

be invoked.

3. Housekeeping Services Complaints Register

This register is to be completed on the basis of information received by the housekeeping Manager through the

inspection of the site, material on site, attendance sheet of the staff, weekly report, client letter / fax / e-mail,

verbal complaints from Manager, etc. and necessary action is to be taken.

4. Catering Services

1. Fully equipped kitchen with modern gadgets and 3dining halls in the respected Rest Houses will be placed

under the disposal of successful Bidder for providing catering services.

2. Fix kitchen & equipment, furniture will be provided the Contractor which shall be utilized for providing

catering services, to the Guests in the Rooms or in the dinning hall of the respected 1 Circuit Houses

4. No. commercial activities in the premises shall be permissible.

5. In Addition to local Maharashtrian Food items the contractor shall also provide Indian, , Continental food

Items as per the Guest’s demand.

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6. The Quality of Food Production and Services of Food shall be supervised by subordinate staff of Executive

Engineer.

7. Quality and Quantity Food and service must be of acceptable standards & as per the norms of Food and

Drug Administration guidelines.

8. Standards of cleanliness to be maintained in the kitchen and dining area must comply to acceptable

standards

9. Prompt and efficient room service to the Guest shall be responsibility of the Contractor.

10. The contractor shall make good the loss caused to the permanent / temporary fixtures let for their use

during the contract period. The Resident Commissioner shall not be responsible to compensate to the

contractor for any loss, or damage of any kind of its own assets due to theft or loss made in the course of

operation of the intended activity. The contractor has to make good the loss by him/her self.

11. The Executive Engineer reserves rights to alter any of the Terms and Conditions and to make

additions to the existing one and in either case this will be treated as part of the agreement to be executed.

ADDITIONAL SCOPE AND PARTICULAR CONDITIONS FOR GUEST HOUSE

In case of any differences, these particular conditions of contract supersede the General conditions of contract.

The services shall be provided round the clock on all days, including holidays:-

The Services include:-

(i) Cleaning of the whole premises including toilets and open areas.

(ii) Wet moping of covered areas.

(iii) Cleaning of window panes and door panels.

(iv) Cleaning and dusting of furniture and fittings.

(v) Vacuum cleaning of all carpets and upholstered furniture.

(vi) Cleaning/sweeping of the entire complex including open space, lawns and land area

(vii) Maintaining Lawns, Gardens, Trees if any by plantation, watering, refurbishing of lawn and

landscaping,Trimming/ lopping of trees, mowing of lawn etc.

(viii) Maintaining and cleaning drainage system and undertaking repairs thereto

(ix) Deploying qualified and trained people for front office management, operation of telephone and PBX and

Reception/hospitality along with and under the command of Government staff/contractual appointees as

the case may be.

(x) Any other work within the scope of the Manual prescribed for the purpose.

1. ROOM: The contractor shall be responsible for routine cleaning of the guest rooms everyday in the

morning and evening. The contractor shall also maintain cleanliness in the rooms throughout the day and shall

clean the room thoroughly on guest check out and keep it ready for the next arrival.

(a) THE ROUTINE CLEANING WILL INCLUDE

• Dusting of the furniture in the room including bed, chair, table TV, fridge, etc.

• Sweeping and mopping the entire room with disinfectant solution.

• Cleaning of Toilet and bathroom with a bathroom cleaning solution.

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(b) CLEANING OF DISCHARGE OF AN INPATIENT WILL INCLUDE

• Wiping of the furniture and fixtures in the room with a soap solution.

• Sweeping and mopping the entire room with a disinfectant solution.

• Cleaning of Toilet and bathroom with a disinfectant/bathroom cleaning solution.

• Reporting any maintenance required in the room.

2. CLEANING OF OFFICES / COMMON UTILITY SPACE/ ROOMS

• The contractor shall remove trash from office dustbins and change the trash liner every evening before

closing hours.

• The offices shall be dry dusted and swept after the closing hours.

• Vacuum cleaning shall be done on carpet and upholstery.

• The worktables shall be cleaned with soap solution in the morning.

• The office shall be mopped with soap solution in the morning.

• Office staff rest rooms / toilets shall be cleaned using soap solution and kept odor free deodorizer.

3. CLEANING OF CRITICAL AREAS

• All the dustbins shall be washed and lined with color coded bags in the morning. The trash

bags shall be changed when it is full.

• The floor shall be thoroughly mopped with a specialized soap solution.

• Toilets / bathrooms shall be cleaned with soap solution and kept odor free using deodorizer cubes.

• The common area shall be swept and mopped in the morning and at regular intervals to keep them clean.

4. GLASS WINDOWS and DOORS

• The contractor shall have his staff to clean glass with appropriate soap solution on weekly basis.

• Internal Glasses shall be wiped with dry cloth to remove fingerprints at regular intervals.

5. GARBAGE DISPOSAL

The contractor shall collect garbage in specified color coded bags from all dustbins and garbage bins existing

inside the premises and shall dispose the garbage at the designated area within the specified location.

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DECLARATION

1. I, the undersigned certify that I have gone through the terms and conditions mentioned in the tender

document and undertake to comply with them.

2. The rates quoted by me are valid and binding on me during the period of validity of the tender.

3. I, the undersigned hereby bind myself to the Executive Engineer Public Works Division,Amravati,

Government of Maharashtra, during the period of contract.

4. The Security deposited by me shall remain in the custody of the Executive Engineer Public Works till the

expiry of the contract. The performance Security Deposit will not carry any interest.

5. The conditions herein contained shall form part of and shall be taken as included in the agreement itself.

6. I shall be responsible to provide all legal benefits to eligible personnel employed by me.

7. I shall abide by the provisions of Minimum Wages Act 1948 and Contract Labour Act 1970 and other

Labour Laws applicable from time to time.

8. Should any lapses occur from me or on my workers part, while discharging the services, GoM may cancel

my contract and award the work to another agency and the cost difference may be recovered from me.

09. There is no vigilance/CBI or court case pending against the firm.

10. The decision of the Executive Engineer Public Works Division, Amravati regarding

acceptance/rejection of tender will be final and binding upon me.

Signature of Contractor

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